Dr. Keshav Baliram Hedgewar Paryayi Shiksha Mandal, Wardha, Thr. Main Trustee, Amol Ajay Shrivastav v. State Of Maharashtra, Thr. Principal Secretary, Medical Education And Drugs Dept., Mumbai And ANR
2023:BHC-NAG:16132-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.3245/2023 IN WRIT PETITION NO.1476/2021 Dr. Keshav Baliram Hedgewar Paryayi Shiksha Mandal, Wardha through its Main Trustee Amol Ajay Shrivastav ...Versus...
The State of Maharashtra, through Principal Secretary, Medical Education and Drugs Department, Mumbai and another WITH CIVIL APPLICATION (CAW) NO.3263/2023 IN WRIT PETITION NO.5477/2021 Dr. Keshav Baliram Hedgewar Paryayi Shiksha Mandal, Wardha through its Main Trustee, Amol Ajay Shrivastav ...Versus...
The State of Maharashtra, through Principal Secretary, Medical Education and Drugs Department, Mumbai and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. Pritesh Atkar, Advocate for petitioner Mrs. K.R. Deshpande, AGP for respondent no.1 Mr. A.M. Sudame, Advocate for respondent no.2 CORAM : AVINASH G. GHAROTE AND URMILA JOSHI-PHALKE, JJ.
DATE : 06/11/2023 1.
Both these applications are on behalf of the petitioner/Institute, seeking to permit the eligible students to appear in the second year General Nursing and Midwifery (GNM) examination, commencing from tomorrow.
2.
There is no dispute regarding the eligibility of the students to the nursing course. They have been permitted to appear for the first year by this Court and the results have also been declared. Though the eligibility of the students to appear for the second year examination is being disputed by Mr. A.M. Sudame, learned counsel for the respondent no.2/Board, however, considering that the examinations are starting from tomorrow and the petitions are only in respect of the applications of the petitioner/Institute that too on the ground of the inspection conducted, which found certain deficiencies, which were cured and inspection report was sent by the respondent no.2/Board to the State of Maharashtra, the question involved is whether the State has power to conduct the inspection.
3.
Already permission has been granted by this Court by order dated 16/10/2023, in this very petition, to the students to appear in the third year examination on conditions as contained in para nos.3 and 4 therein and considering the peculiar situation and the possibility of wastage of the entire year of the students, we permit the students to appear in the GNM examination to be held from tomorrow onwards. The condition nos.3 and 4, as contained in the order dated 16/10/2023, will form a part and parcel of this order. The respondent no.2/Board will make all arrangements for appearing the students in the examination.
4.
The civil applications are accordingly disposed of. No order as to costs.
WRIT PETITION NO.1476/2021 A ND WRIT PETITION NO.5477/2021 1.
List the petitions on 05/12/2023 for final consideration along with connected matters.
2.
Steno copy of this order is granted.
(URMILA JOSHI-PHALKE, J.) (AVINASH G. GHAROTE, J.) Wadkar