Mahalaxmi Homeopathic Medical College And Hospital And Research Center Satara v. The Union Of India And ORS

2024:BHC-AS:37782-DB Diksha Rane 904 WP 13108-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13108 OF 2024 MAHALAXMI HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL AND RESEARCH CENTER SATARA ..PETITIONER VS THE UNION OF INDIA AND ORS ..RESPONDENTS ------------ Mr. Suryajeet P. Chavan for the petitioner.

Mr. Rui Rodrigues a/w. Mr. Ashutosh Misra for respondent no.1. Ms. Purnima Awasthi, for respondent nos.2 and 3. Mr. B. V. Samant, Addl. GP with Mr. S. P. Kamble, AGP for respondent - State.

Mr. Akshay S. Pansare i/b. Mr. Sachindra B. Shetye for respondent no.6.

------------ CORAM :

A. S. CHANDURKAR & RAJESH S. PATIL, JJ DATE :

24th September 2024.

P.C. :

1.

The challenge raised in this Writ Petition is to the order dated 18th September 2024 by which permission for undertaking admission at the BHMS (undergraduate) Course as well as a New Postgraduate Course has been declined.

2.

A preliminary objection is raised by the learned counsel for the respondent no.2 by submitting that under the National Commission for Homoeopathy (Assessment and Rating of Medical Institutions) Regulations, 2024 an appeal under Clause 14 can be preferred.

Diksha Rane 904 WP 13108-2024.doc 3.

In view of aforesaid, the learned counsel for the petitioner seeks leave to withdraw the Writ Petition with liberty to avail an appellate remedy. He submits that within a period of two days such appeal would be preferred.

4.

The Writ Petition is disposed of as withdrawn. 5.

If the petitioner files an appeal within a period of three days from today, the Appellate Authority shall consider the same on its own merits and in accordance with law and decide the same within a period of two weeks in view of the fact that the admission process is ongoing.

6.

All points raised on merits are kept open.

7.

The parties to act on an authenticated copy of this order. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 24/09/2024 17:39:50