← Library
Bombay High CourtIA/12809/2025disposed off

Utkarsh Bhople And ORS v. State Of Maharashtra And ORS

2025-11-04Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe3 pages

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.11.07 15:33:02 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12809 OF 2025 IN WRIT PETITION NO. 14594 OF 2024 Utkarsh Bhople & Ors.

... Applicants

IN THE MATTER BETWEEN

Utkarsh Bhople & Ors.

... Petitioners versus State of Maharashtra & Ors.

... Respondents ...

Mr.Akshay R. Kapadia with Mr.Kishor T.Lawate and Ms.Priya Pervi for the Applicants.

Mr.P.P.Kakade, Addl.GP with Mrs.P.J.Gavhane, AGP for the Respondent - State.

Mr.Sameer Khedekar for Respondent No.3.

Mr.Nagesh Y. Chavan for Respondent No. 4 (through VC). Mr.Viraj Shelatkar with Mr.Ganesh K. Gole for Respondent No.5- NMC. Mr.Akshay S. Pansare i/b. Mr.Sachindra B. Shetye for Respondent No.6. ...

CORAM :

RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : NOVEMBER 04, 2025 P.C:

1.

We have heard the learned Advocates for the respective sides. Our attention has been drawn to the earlier orders passed by this Court, which have been placed on record along with the Interim Application. ...1

2.

We have perused the order dated 10th October, 2025 passed on Interim Application (L) No. 23779 of 2025 in Writ Petition (L) No. 19551 of 2025.

3.

The Writ Petition needs to be heard finally, considering the challenge posed by the Petitioners in the light of their admissions not having been approved. As the eligibility of these candidates is at issue, and since one candidate has approached the Hon'ble Supreme Court in Special Leave to Appeal (Civil) No. 27619 of 2023 against the order dated 10th November, 2023 passed by the Nagpur Bench, which was decided against the candidate in Writ Petition No. 7624 of 2023 (Tanmay Rakesh Bhugaonkar v/s. The National Medical Commission and Ors.), we direct each of these candidates to submit their individual affidavits within 21 days from today. In their affidavits, the candidates must declare that, if the Court concludes against them and holds that their admissions cannot be ratified, they will return their marks memo/degree certificate, as the case may be. 4.

On the condition that each of the Petitioners tenders his affidavit, we are partly allowing the Interim Application and directing the University to declare the results of the last examination, attempted by these ...2

Petitioners. Their admissions will be permitted based on the said result, save and except, in cases where the candidates have failed or have not qualified for admission to the next semester. The Petitioners who do not tender their undertaking affidavit will lose their admission thereafter. 5.

Liberty is granted to the parties to circulate this Petition after the Hon'ble Supreme Court delivers its decision in Tanmay Rakesh Bhugaonkar (supra). In the meanwhile, the Respondents shall file their affidavits in reply within six weeks from today. Rejoinder affidavit, if any, shall be filed within three weeks thereafter, so that this Petition is made ready for a final hearing.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) ...3