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Bombay High CourtWP/8862/2014disposed off

Udmale Komal Ram And ORS. v. State Of Maharashtra And ORS.

2021-11-18Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Abhay Ahuja3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8862 OF 2014 Udmale Komal Ram and Ors.

... Petitioners

Versus

The State of Maharashtra and Ors. ... Respondents ****** Mr.A.V. Anturkar, senior advocate i/by Mr. S. B. Deshmukh and Mr. Tanaji Mhatungade for the petitioners.

Ms. P. J. Gavhane, AGP, for the State- Respondent Nos. Ms. Aishwarya Ambike, for Respondent No.3.

Mr. S. B. Shetye a/w Ms. Priyanka H. Chavan for the Respondent No.4 (M.U.H.S.), Mr. Ketan Dhavle, for Respondent No.5. in W.P. No.8335. ****** CORAM: R. D. DHANUKA AND ABHAY AHUJA, JJ.

DATE : 18th NOVEMBER, 2021.

P.C. :- 1.

By order dated 28th October 2021, passed by this Court, it was recorded that learned counsel for the University also gave no objection if the ad interim relief was granted as prayed for in terms of prayer clause (b). Petitioners were admitted to take admission for nursing course pursuant to the interim order. The petitioners however are not issued degree certificates.

2.

In view of this situation, Mr. Anturkar, learned senior counsel for the petitioner, made a statement before this Court that his clients have already complied with all the legitimate criteria set out in the circular and more particularly in clause "C" at page 32 of the petition.

3.

Learned counsel for respondent nos. 3 agreed to verify correctness of the statement made by learned senior counsel for the petitioners on the last date.

4.

Learned counsel for respondent nos. 3 makes a statement that her client has verified correctness of the statement made by learned senior counsel for the petitioners that all the legitimate criteria set out in the circular in question and more particularly in clause "C" are already complied with by the petitioner. Statement made by learned counsel for respondent no. 3 is accepted. 5.

On the last date, Mr. Shetye, learned counsel for respondent no. 4 made a statement that if according to respondent no. 3 legitimate criteria set out in the circular dated 12th August 2014 are satisfied. Respondent no. 4 has no objection if the petitioners are issued degree certificats. 6.

In view of the statement made by learned counsel for respondent no. 3, Mr. Shetye, learned counsel for respondent no. 4 states that his client has no objection if the petitioners are

issued degree certificates. He also invites attention of this Court to the fact that pursuant to the interim order dated 25th September 2014 the petitioners are admitted to the nursing course.

7.

Respondent no. 4 shall accordingly, issue degree certificate to the petitioner within one week from the date of petitioners complying with the other requisitions/formalities if any. 8.

The respondent no. 4 shall inform the petitioners about such other pending formalities, if any, within one week upon receipt of such requisition. The petitioners shall comply with such requisition within two weeks thereafter. 9.

The Writ Petition is disposed of in the aforesaid terms. 10.

No order as to costs.

11.

Parties to act on an authenticated copy of the order. [ABHAY AHUJA, J.] [R. D.DHANUKA, J.]