Nikhil v. The State Of Goa, Thr. Its Chief Secretary And 3 ORS
2024:BHC-GOA:1769-DB Jose
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.690 OF 2024 LAKSHY JAIN ... Petitioner
Versus
THE STATE OF GOA, THR. ITS CHIEF SECRETARY AND 3 ORS.
... Respondents WITH WRIT PETITION NO.691 OF 2024 NIKHIL ... Petitioner
Versus
THE STATE OF GOA, THR. ITS CHIEF SECRETARY AND 3 ORS.
... Respondents WITH WRIT PETITION NO.692 OF 2024 SURYANSH BYADWAL ... Petitioner
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THE STATE OF GOA, THR. ITS CHIEF SECRETARY AND 3 ORS.
... Respondents WITH WRIT PETITION NO.693 OF 2024 APRANA ... Petitioner
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THE STATE OF GOA, THR. ITS CHIEF SECRETARY AND 3 ORS.
... Respondents
WITH WRIT PETITION NO.1931 OF 2024 (F) ARJUN GUPTA ... Petitioner
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THE STATE OF GOA, THR. ITS CHIEF SECRETARY AND 3 ORS.
... Respondents Mr D. Lawande with Mr Jay Mathew and Mr Shrawani Wagle, Advocates for the Petitioners.
Mr Deep Shirodkar, Additional Government Advocate for the Respondent-State in WP Nos. 690/2024, 693/2024 and 1931/2024(F).
Ms Maria Correia, Additional Government Advocate for the Respondent-State in WP No.691/2024.
Mr S.P. Munj, Additional Government Advocate for the Respondent-State in WP No.692/2024.
Ms A. Agni, Senior Advocate with Ms Afrin H. Khanm and Mr Junaid Shaikh, Advocates for Respondent No.3. Mr P. Faldessai, Deputy Solicitor General of India for Respondent No.4.
CORAM:
M.S. KARNIK & VALMIKI MENEZES, JJ.
DATED:
P.C.:
1.
Heard learned Counsel Mr Lawande for the Petitioners and learned Additional Government Advocates Mr Shirodkar, Ms Correia and Mr Munj for the State, Ms Agni for Respondent No.3 and Mr Faldessai for Respondent No.4.
2.
Ms Correia has placed on record a communication dated
16.10.2024 addressed to her by the Dean of the Goa Medical College, Bambolim-Goa. The communication reads thus:
"Sub: Various W.P. pending before Hon'ble High Court of ʩombay at Goa regarding attendance issues of 1st year MʩʩS students. Ma'am, Consequent upon submission of undertaking by Prof. & HOD's of phase-1 subjects, the undersigned has decided the following course of action in this matter.
1. Petitioner ʨrjun Gupta & Lakshy Jain shall be given remedial measures and their results may be declared.
2. Other Petitioners shall be given remedial measures as per CʩME Guidelines 2024 and be allowed to appear for Supplementary Examination after fulfilling the attendance criteria. However, they have to fulfil other eligibility criteria as well, in accordance with CʩME 2023 Guidelines.
3. Phase-1 MʩʩS Students who did not approach the Hon'ble High Court of ʩombay at Goa but face similar attendance issues shall also be treated in par with other Petitioners. Course of action described at aforementioned at point no. 2 shall be also followed for these students.
Submitted as desired.
Sd/- (Prof. Dr. S. M. Bandekar) DEʨN, Goa Medical College & Hospitals ʩambolim Goa"
3.
In view of this communication, the grievance of the Petitioners stands redressed.
4.
Mr Lawande however submits that the University has not
declared the results even in respect of those subjects where the Petitioners have the required attendance. Ms Agni learned Senior Advocate for the University submits that the results have been declared and if the results in respect of those Petitioners who have the required attendance is not declared, the same will be declared within ten days from today. Accepting this assurance, the petitions are disposed of. 5.
Shri Shirodkar assures us that the remedial classes will be held within a period of ten days. After such remedial classes, the University will be informed to enable them to take further steps. 6.
The petitions are disposed of. No cost.
7.
Liberty to apply in case of difficulty.
VALMIKI MENEZES, J.
M.S. KARNIK, J.
Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 16/10/2024 17:50:11