Swaroop Pramod Bochare Thr His Natural Guardian Pramod Bochare v. The Union Of India Thr Director Generaland ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11478 OF 2024 Mr.Swaroop P. Bochare .. Petitioner

Versus

The Union of India & Ors .. Respondents Mr.Hrushi Narvekar with Mr.Suyash Nitin Khose, Abhishek Nandinath, Siddharth Sutaria, Ashwin Hirulkar, Akshay Mishra, Advocates for the Petitioner.

Mr.Rui Rodrigues, with Mr.Ashutosh Mishra,Advocates for Respondent No.1 & 3/UOI.

by ANJALI TUSHAR ASWALE Date: 2024.08.26 21:52:48 +0530 ANJALI TUSHAR ASWALE Mr.Ganesh Gole with Viraj Shelatkar, Advocates for Respondent No.2/NMC.

Mr.A. I. Patel, Addl. G.P. with Ms. S. S. Bhende, AGP, for Respondent Nos.4 & 5.

CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

1.

In the above matter, we have passed an order yesterday (22nd August, 2024) requesting the All India Institute of Physical Medicine and Rehabilitation (AIIPMR, Mumbai) to examine the Petitioner today at 4.00 p.m. and issue the necessary certificate (with reasons), either holding the Petitioner "Eligible" or "Not eligible" for admission in Medical/Dental

courses in the All India Quota/State Quota. We had also directed that while issuing such certificate, AIIPMR, Mumbai, should take into consideration the 2023 Guidelines reproduced in the said order. We had requested that the report be filed by today.

2.

Today when the matter is called out, the Certificate of Disability for NEET admissions has been filed in this Court by AIIPMR, Mumbai. This certificate also states that the Petitioner is "Not Eligible" for admission in Medical/Dentist courses as per the NMC norms/Guidelines. With the said report, the explanation is also given as to why the candidate is not eligible. Further Dr. Amit S. Mhambre, and who is one of the signatories to the said report, has also remained present in Court to explain to us any queries that we had. The said report is taken on record and marked "X" for identification. 3.

In light of this report, the learned counsel appearing on behalf of the Petitioner, on instructions, submitted that he does not wish to press the above Petition and seeks to withdraw the same. In these circumstances, the above Petition is dismissed as withdrawn. However, there shall be no order as to costs.

4.

Before parting, we must note our appreciation to AIIPMR, Mumbai to have acted swiftly in complying with our order, and specifically Dr.Amit S. Mhambre, who remained present in this Court to answer all our queries 5.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]