Shree Chhatrapati Shivaji Education Society Dharwad Thr. Its President And ANR v. National Commission For Inidan System Of Medicine And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13857 OF 2024 IN WRIT PETITION NO.12833 OF 2024 Shree Chhatrapati Shivaji Education Society Throu. Its Sec. Soniya Jaykumar Gore ...Applicant
VERSUS
Shree Chhatrapati Shivaji Education Society Dharwad Thr. Its President And Ors
...Respondents
INTERIM APPLICATION NO.13084 OF 2024 IN WRIT PETITION NO.12833 OF 2024 Smt. Soniya Jaykumar Gore ...Applicant /Intervener
IN THE MATTER BETWEEN
Shri. Chatrapati Shivaji Education Society, Dharwad & Ors.
...Petitioner
VERSUS
National Commissioner for Indian System of Medicine & Ors.
...Respondents
...
Mr. A. A. Kumbhakoni, Senior Advocate a/w. Mr. Vishwajeet V. Mohite, Mr. Sidharth R. Karpe & Mr. Manoj Badgujar, Advocate for the Applicant in both Applications.
Mr. Akshay Pai & Ms. Siddhi Bhosale, Advocate for the Petitioner. Dr. Birendra Saraf, Advocate General a/w. Mrs. Reena A. Salunkhe, Assistant Government Pleader for the Respondent-State. Mr. Pankaj P. Deokar, Advocate for the Respondent No.3-Zilla Parishad, Satara.
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Mr. Shrikrishana Ganbavale i/b. Mr. Shantanu Patil, Advocate for the Respondent No.1.
...
CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 17th OCTOBER, 2024.
P.C. :
INTERIM APPLICATION NO.13084 OF 2024 By this Application, the applicant prays leave to intervene in the present proceedings and be arrayed as respondent No.5. In the Interim Application, it is sought to be stated that the Writ Petition as filed is neither maintainable nor entertainable. Since the applicant is a necessary and proper party, it is stated that she may be impleaded in the present proceedings.
2.
The Application is opposed by the Petitioners by filing affidavit in reply. Along with affidavit in reply, a copy of the judgment dated 8th May 2024 in SLP (C) No. 6500 of 2024 (Shree Chhatrapati Shivaji Education Society, Dharwad & Anr V/s. National Commissioner for Indian System of Medicine & Ors.) has been annexed. It is further submitted in the absence of governance to indicate the locus of the applicant, the prayer does not deserve to be granted. 3.
We have perused the Interim Application, we do not find any legal ground to support the prayer for intervention. In absence of any locus being indicated the prayer cannot be granted. We also note that the dispute between the applicant and the petitioner with regard to the management of the college, is subject matter of consideration 2/3
in Shree Chhatrapati Shivaji Education Society, Dharwad & Anr (supra). In the light of what has been observed in paragraph Nos.12 and 15, the prayer in the Interim Application cannot be granted. The Application is therefore rejected.
4.
In case the applicant is desirous to rely on the decision of the Supreme Court in Shree Chhatrapati Shivaji Education Society, Dharwad & Anr (supra), copies thereof shall be served on the other respondents well in advance.
INTERIM APPLICATION NO.13857 OF 2024 The Interim Application No.13857 of 2024 is for vacating stay. In view of the order passed in Interim Application No.13084 of 2024, this interim Application does not survive.
WRIT PETITION NO.12833 OF 2024 List under the caption "For Admission" on 21st October 2024 after urgent matters.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 3/3