Full Judgment Text
1 wp2081.2413.2412.2459.11.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.2081/2011
1. Dr. Ganesh s/o Balkrishna Belokar,
aged adult, Occ. Student, r/o P. G. Quarters,
Ayurved Ragnalaya, Station Road, Akola,
Tq. Dist. Akola.
2. Dr. Pratibha d/o Mcchindra Halnor,
aged adult, Occ. Student, r/o P. G. Quarters,
Ayurved Rugnalaya, Station Road, Akola,
Tq. Dist. Akola.
3. Dr. Rashmi d/o Ramrao Kurawar,
aged adult, Occ. Student, r/o P. G. Quarters,
Ayurved Rugnalaya, Station Road, Akola,
Tq. Dist. Akola.
4. Dr. Ashwini d/o Pramod Dangre,
aged adult, Occ. Student, r/o P. G. Quarters,
Ayurved Rugnalaya, Station Road, Akola,
Tq. Dist. Akola. .....PETITIONERS
...V E R S U S...
1. The Maharashtra University of Health
Sciences, through its Registrar, Vani Road,
Mhasrul, Nashik 322 004.
2. Director of Ayurved, State of Maharashtra,
Fourth Floor, Govt. Dental College Building,
Saint George Hospital Compound, Fort,
Mumbai – 01.
3. Radhakisan Toshnival Ayurved Mahavidyalaya,
through its Principal, Akola, Tq. Dist. Akola.
4. Central Council of Indian Medicine, through
its Secretary, Institutional Area, Janakpur,
New Delhi – 110 058.
5. Government of India, Ministry of Health
and Family Welfare, Department of
Ayurveda, Yoga & Naturopathy, Unani,
::: Uploaded on - 16/02/2017 ::: Downloaded on - 02/06/2024 03:02:17 :::
2 wp2081.2413.2412.2459.11.odt
Siddha & Homeopathy (AYUSH)
(Education Policy Section) Indian Red
Cross Society, Annexe Building,
1Red Cross Road, New Delhi 110 001. ...RESPONDENTS
Shri A. R. Deshpande, Advocate for petitioners.
Shri J. B. Jaiswal, Advocate for respondent no.1.
Shri D. P. Thakare, Addl. G. P. for respondent No.2
Shri A. M. Ghare, Advocate for respondent no.3.
AND
WRIT PETITION NO.2413/2011
1. Dr. Nilesh s/o Jijabrao Bhosale,
Aged 27 years, Occ. Student.
2. Dr. Darshana Punamchand Ramole,
Age 26 yeas, Occ. Student.
3. Dr. Sangita Dadaji Meshram,
Age 27 yeas, Occ. Student.
4. Dr. Nisha Chandratan Pande,
Age 43 years, Occ. Student.
5. Dr. Ritesh s/o Murlidhar Kela,
Age 26 yeas, Occ. Student.
All 1 to 5, students of Vidarbha Ayurved
Mahavidyalaya, Danwantari Nagar,
Amravati. .....PETITIONERS
...V E R S U S...
1. The State of Maharashtra,
through its Secretary, Department of
Medical Education and Drugs,
Mantralaya, Mumbai – 32.
2. The Director of Ayurved, State of Maharashtra,
nd
2 Floor, Khanna Construction House,
Dr. R. G. Thandani Marg, Worli, Mumbai400 018
3. Hanuman Vyayam Prasarak Mandal,
through its Secreatry, Amba Peth, Amravati.
::: Uploaded on - 16/02/2017 ::: Downloaded on - 02/06/2024 03:02:17 :::
3 wp2081.2413.2412.2459.11.odt
4. Vidarbha Ayurved Mahavidyalaya, through
its Principal, Dhanwantari Nagar, Amravati.
5. Government of India, Ministry of Health
and Family Welfare, Department of
Ayurveda, Yoga & Naturopathy, Unani,
Siddha & Homeopathy (AYUSH)
(Education Policy Section) Indian Red
Cross Society, Annexe Building,
1Red Cross Road, New Delhi 110 001.
6. Central Council of Indian Medicine,
through its Secretary, 6165,
Institutional Area, Janakpuri,
New Delhi 110 058.
7. Maharashtra University of Health
Sciences, through its Registrar,
Dindori Road, Mharsul, Nashik. ..RESPONDENTS
Shri B. G. Kulkarni, Advocate for petitioners.
Shri D. P. Thakare, Addl. G. P. for respondent Nos.1 and 2
Shri J. B. Jaiswal, Advocate for respondent no.7.
AND
WRIT PETITION NO.2412/2011
1. Dr. Pradeep s/o Sukhdeo Tupe,
aged 29 years, Occ. Student,
r/o c/o Nagsen Kamble, Near BSP
Office, Rameshwari Road, Nagpur.
2. Dr. Ravindra s/o Bapurao Ghaywate,
Age 27 years, Occ. Student.
R/o Akashkunj, Jamankar Nagar,
Yavatmal, Dist. Yavatmal.
3. Dr. Sandip s/o Keval Birari,
aged 26 years, Occ. Student,
r/o c/o Mr. K. M. Birari, Old Post Lane,
Satara, Tal. Satana, Dist. Nashik.
4. Dr. Amar Shivaji Kamble,
aged 26 years, Occ. Student,
r/o 13, Third Floor, Kesharangan
::: Uploaded on - 16/02/2017 ::: Downloaded on - 02/06/2024 03:02:17 :::
4 wp2081.2413.2412.2459.11.odt
Housing Society, Ramdaswadi
SyndicateKalyan (W), Dist. Thane01
5. Dr. Dhanashree d/o Kashinath Handibag,
aged 27 yeas, Occ. Student, r/o Balbhim
Colony, Swarajya Nagar, Barshi Road,
Beed – 431 122.
6. Dr. Yogini d/o Arun Biyani,
aged 27 years, Occ. Student,
r/o At post Kingaon, Tal.Yawal,
Dist. Jalgaon.
7. Dr. Neeta d/o Sheshrao Mahalle,
aged 27 years, Occ. Student,
r/o Gajanan Nagar, Warud,
Tq. Warud, Dist. Amravati.
8. Dr. Swatee d/o Nagolal Pardhi,
aged 27 years, Occ. Student,
r/o 69, Old Subhedar Layout,
Nagpr.
9. Dr. Chandrakant Tulsiram Virutkar,
aged 38 years, Occ. Student,
r/o C9, Omkar Nagar, Manewada
Ring Road, Nagpur. .....PETITIONERS
...V E R S U S...
1. The State of Maharashtra,
through its Secretary, Department of
Medical Education and Drugs,
Mantralaya, Mumbai – 32.
2. The Director of Ayurved, State of Maharashtra,
nd
2 Floor, Khanna Construction House,
Dr. R. G. Thandani Marg, Worli, Mumbai400 018
3. Bhartiya Vidyak Samanvaya Samiti,
Through its Secreatry, Dhanwantari Marg,
Hanuman Nagar, Nagpur.
4. Shri Ayurveda Mahavidyalaya, through its
Principal, Dhanwantari Marg, Hanuman Nagar,
Nagpur.
::: Uploaded on - 16/02/2017 ::: Downloaded on - 02/06/2024 03:02:17 :::
5 wp2081.2413.2412.2459.11.odt
5. Government of India, Ministry of Health
and Family Welfare, Department of
Ayurveda, Yoga & Naturopathy, Unani,
Siddha & Homeopathy (AYUSH)
(Education Policy Section) Indian Red
Cross Society, Annexe Building,
1Red Cross Road, New Delhi 110 001.
6. Central Council of Indian Medicine,
through its Secretary, 6165,
Institutional Area, Janakpuri,
New Delhi 110 058.
7. Maharashtra University of Health
Sciences, through its Registrar,
Dindori Road, Mharsul, Nashik. ..RESPONDENTS
AND
WRIT PETITION NO.2459/2011
1. Dr. Baban s/o Mahadeo Kale,
aged 26 years, Occ. Student.
2. Dr. Nilesh s/o Sharad Mahakal,
Age 27 years, Occ. Student.
3. Dr. Laxmikant s/o Sangameshwar
Paymalle, aged 28 years, Occ. Student,
4. Dr. Sachin s/o Dnyaneshwar Hiray,
aged 28 years, Occ. Student,
5. Dr. Pradip s/o Sadaram Mohurle,
aged 27 yeas, Occ. Student,
6. Dr. Sariput s/o Nagorao Bhosikar,
aged 29 years, Occ. Student,
7. Dr.Manisha d/o Yuvraj Dehankar,
aged 28 years, Occ. Student,
8. Dr. Rajendra s/o Vinayak Patil,
aged 28 years, Occ. Student.
All above petitioners Final Year Students of
M.D/M.S. Ayurved, R/o Boys/Girls Hostel,
::: Uploaded on - 16/02/2017 ::: Downloaded on - 02/06/2024 03:02:17 :::
6 wp2081.2413.2412.2459.11.odt
Government of Ayurved College,
Raje Raghuji Nagar, Sakkardarar Square
Nagpur. .....PETITIONERS
...V E R S U S...
1. The State of Maharashtra,
through its Secretary, Department of
Medical Education and Drugs,
Mantralaya, Mumbai – 32.
2. The Director of Ayurved,
nd
State of Maharashtra, 2 Floor,
Khanna Construction House,
Dr. R. G. Thandani Marg,
Worli, Mumbai400 018
3. The Dean, Government Ayurved College,
Raje Raghuji Nagar, Sakkardara Square,
Nagpur.
4. Government of India, Ministry of Health
and Family Welfare, Department of
Ayurveda, Yoga & Naturopathy, Unani,
Siddha & Homeopathy (AYUSH)
(Education Policy Section) Indian Red
Cross Society, Annexe Building,
1Red Cross Road, New Delhi 110 001.
5. Central Council of Indian Medicine,
through its Secretary, 6165,
Institutional Area, Janakpuri,
New Delhi 110 058.
6. Maharashtra University of Health
Sciences, through its Registrar,
Dindori Road, Mharsul, Nashik. ..RESPONDENTS
Shri B. G. Kulkarni, Advocate for petitioners.
Shri D. P. Thakare, Addl. G. P. for respondent Nos.1 to 3.
Shri J. B. Jaiswal, Advocate for respondent no.6.
CORAM: SMT. VASANTI A. NAIK AND
V. M. DESHPANDE, JJ.
DATED : FEBRUARY 13, 2017
::: Uploaded on - 16/02/2017 ::: Downloaded on - 02/06/2024 03:02:17 :::
7 wp2081.2413.2412.2459.11.odt
ORAL JUDGMENT (Per : Smt. Vasanti A Naik, J.)
Since the issue involved in these writ petitions is
identical, they are heard and are decided by this common
judgment.
By these writ petitions, the petitioners have sought a
writ of mandamus against the respondents, State of Maharashtra
and others to regularize the admissions of the petitioners in the
M.D. (Ayurved) course in the respondentCollege in the academic
session 200809 and pass appropriate orders permitting the
petitioners to appear at the examination and declare the results of
the petitioners.
The petitioners in all the writ petitions were admitted
to the M.D. (Ayurved) course in the respondentCollege in the
years 200809 in the seats sanctioned by the competent
authorities. The admissions of the petitioners were made after
following the due process in the centralized admission process.
The petitioners were permitted to appear at the first year M.D.
(Ayurved) examination without any objection from any of the
authorities and they submitted their thesis and appeared at the
written examination. When the petitioners tendered their thesis
for the second year examination, an objection was raised by the
::: Uploaded on - 16/02/2017 ::: Downloaded on - 02/06/2024 03:02:17 :::
8 wp2081.2413.2412.2459.11.odt
Maharashtra University of Health Sciences that the petitioners'
admissions were wrongfully made as the intake capacity of the
college was reduced in the subsequent years. The petitioners
have, therefore, approached this court by filing the petitions.
In terms of our interim orders, the petitioners were
permitted to appear at the examination and the petitioners have
cleared the M.D. (Ayurved) course and have secured the degrees.
In our view, the respondentMaharashtra University of
Health Sciences could not have raised an objection about the
eligibility of the admissions of the petitioners to the M.D.
(Ayurved) course in the year 2008 and 2009. There is no dispute
that the petitioners were admitted as per the due selection process
and through the centralized admission process. The petitioners
were also permitted to appear at the first year M.D. (Ayurved)
examination without any objection from any of the respondents.
Merely because the intake capacity of the colleges was reduced
subsequently i.e. after the admissions of the petitioners in the
colleges were made, the Maharashtra University of Health Sciences
could not have raised an objection about the eligibility of the
admissions of the petitioners in the M.D. (Ayurved) course in the
year 200809. The action of the respondentUniversity appears to
::: Uploaded on - 16/02/2017 ::: Downloaded on - 02/06/2024 03:02:17 :::
9 wp2081.2413.2412.2459.11.odt
be incorrect. In any case, the petitioners have passed the M.D.
(Ayurved) course and have secured the degrees.
Hence, the writ petitions are allowed. The action on the
part of the respondentUniversity questioning the admission of the
petitioners in the M.D. (Ayurved) course in the year 200809 is
declared as illegal. The admissions of the petitioners to the M.D.
(Ayurved) course in the year 200809 are held to have been
correctly made.
Rule is made absolute in the aforesaid terms with no
order as to costs.
(V. M. Deshpande, J.) (Smt. Vasanti A. Naik, J.)
kahale
::: Uploaded on - 16/02/2017 ::: Downloaded on - 02/06/2024 03:02:17 :::