Pratibha Ramchandra Patil vs The State Of Maharashtra And ...
2017 Latest Caselaw 788 Bom

                                     1                WP NO.6755 OF 2016

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                    WRIT PETITION NO. 6755 OF 2016


           Pratibha d/o Ramchandra Patil,
           Age 34 years, Occu. Nil.,
           R/o June Pedgaon Road, Parbhani,
           Tq. & Dist. Parbhani.

                                                 ...PETITIONER
           VERSUS

  1.       The State of Maharashtra
           Through its Secretary,
           Medical Education & Drugs
           Department, Mantralaya,
           Mumbai 32

  2.       The Maharashtra University of Health
           Sciences, Wani Road, Mhasrul,
           Nashik, Dist. Nashik,
           Through its Registrar.

  3.       The Principal,
           P.D.Jain Homeopathic Medical
           College and Hospital, Vakil Colony,
           Parbhani 431 401

  4.    Association of Homeopathic Medical
        College of Maharashtra
        Through its Competent Authority
        having its office at 268/70,
        Chandres Bhawan, Ground Floor,
        Room No.9, Sahid Bhagatsing Road,
        Fort, Mumbai 400 001
                                      ...RESPONDENTS.
                                  ...
  Mr. Ingale Vivekanand V., Advocate for the petitioner.
  Mrs. R.P.Gour, AGP for respondent State.
  Mr. K.C.Sant, Advocate for respondent no.2.
  Mr.H.I.Pathan, h/f Mr.Dama Prashant P., Advocate for
  respondent no.3.
  Mr. S.B.Bhosale, Advocate for respondent no.4.
                                  ...



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                                             2               WP NO.6755 OF 2016


                 CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: March 16, 2017 ...

ORAL JUDGMENT : ( Per R.M.Borde, J. )

1. Heard. Rule. Rule made returnable and

heard forthwith with the consent of learned Counsel for the

parties.

2. The petitioner is objecting to the communication

issued by the Maharashtra University of Health Sciences on

24.7.2015, refusing to deliver the degree certificate in

favour of the petitioner in view of pendency of Writ Petition

No.5194/2011, presented by the College in this Court.

3. The petitioner has completed her Bachelor of

Homeopathy degree course in the year 2007 and after

completing graduation degree course, was admitted to the

post graduate degree course. The petitioner has

completed the Masters degree course in Summer 2015,

and was declared to have passed. The University

3 WP NO.6755 OF 2016

authorities, however, have refused to issue degree

certificate on account of pendency of the Writ Petition

presented by the College. Writ Petition No.5194/2011

was presented by the College objecting to the

communication issued by the Central Government insisting

for conduct inspection of the facilities provided by the

College under Section 13A in the Indian Medicine Central

Council Act, 1970.

4. This Court, considering the issue raised by the

institution, directed stay of the proposed action of the

Central Government and permitted the institution to

operate the degree and diploma courses in pursuance to

the permission accorded by the Homeopathic Central

Council as well as the concerned University. The Writ

Petition presented by the institution, referred to above, is

still pending for final disposal. In the interregnum, the

petitioner has successfully completed the post graduate

degree course.

5. It is not a matter of dispute that the respondent

College is functioning since 2011 and is accorded

continuation of affiliation by the Central Council of

4 WP NO.6755 OF 2016

Homeopathy, and the institution is also in receipt of the

requisite permissions necessary for operating Homeopathic

College. Since the petitioner has completed the post

graduate degree course, merely on account of pendency

of the petition presented by the institution, she cannot be

denied the degree certificate by the University.

6. The impugned order passed by respondent no.2

University, withholding issuance of degree certificate on

account of pendency of the writ petition presented by the

institution, is irrational and illegal and deserves to be

quashed and set aside. The impugned communication

issued by the Maharashtra University of Health Sciences

dated 24.7.2015 is quashed and set aside and respondent

no.2 University is directed to issue a degree certificate to

the petitioner forthwith.

Rule is accordingly made absolute. There shall be

no order as to costs.

           ( P.R. BORA)                      ( R. M. BORDE )
               JUDGE                              JUDGE
                                   ...
  AGP/6755-16wp