Mahalaxmi Homeopathic Medical College Hospital Research Through Dr. J. Bhanuse v. The Union Of India Through Ministry Of Ayush And ORS

Digitally signed by SNEHA ABHAY DIXIT Date:

2024.12.14 11:46:03 +0530 SNEHA ABHAY DIXIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18666 OF 2024 Mahalaxmi Homoeopathic Medical College and Hospital and Research Center, Satara .. Petitioner

Versus

The Union of India, Through Ministry of AYUSH, New Delhi and Ors. .. Respondents Mr. Suryajeet P. Chavan with Ms. Vishakha Shelar, Mr. Bajrang Solunke and Mr. Ajinkya Walekar, Advocates for the Petitioner. Mr. Rui Rodrigues with Mr. A.A. Garge, Advocates for Respondent No.1. Mrs. Purnima Awasthi, Advocate for Respondent Nos.2 and 3. Mr. Sameer Khedekar, Advocate for Respondent No.4. Ms. D.S. Deshmukh, Assistant Government Pleader for Respondent Nos.5 to 7.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 14TH DECEMBER 2024.

[ THROUGH HYBRID HEARING ] P.C. :

1.

The petitioner is aggrieved by the order dated 18th September 2024 passed by the Medical Assessment and Rating Board for Homoeopathy thereby denying permission to the Medical College and Hospital to undertake admissions for 60 seats for Undergraduate B.H.M.S. Course for academic year 2024-25 and 18 Seats for Postgraduate Course. Against the aforesaid adjudication, the petitioner has preferred an Appeal before the respondent no.1. During pendency of the Appeal, the petitioner seeks permission to undertake admissions subject to consideration of the Appeal. 1/2 901-WP-18666-2024.doc Dixit

2.

Considering the fact that the Medical Assessment and Rating Board for Homoeopathy has denied permission to undertake such admissions, the only direction that can be issued to the respondent no.1 is to decide the Appeal preferred by the petitioner within a period of three weeks from receiving copy of this order.

3.

The Appeal preferred by the petitioner shall be decided on its own merits notwithstanding the fact that the cut-off date for admitting students has crossed. Keeping all points on merits open, the writ petition is disposed of.

4.

Parties to act on authenticated copy of this order. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 901-WP-18666-2024.doc Dixit