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Mayur Raghunath Abhale And Others vs Union Of India Through Secretary ...
2021 Latest Caselaw 12120 Bom

Citation : 2021 Latest Caselaw 12120 Bom
Judgement Date : 30 August, 2021

Bombay High Court
Mayur Raghunath Abhale And Others vs Union Of India Through Secretary ... on 30 August, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
                                      1              16-WP.7559-20+1.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      16 WRIT PETITION NO.7559 OF 2020
              MAYUR RAGHUNATH ABHALE AND OTHERS
                             VERSUS
          UNION OF INDIA THROUGH SECRETARY AND OTHERS
                                      AND
                      18 WRIT PETITION NO.8128 OF 2020
              ABHISHEK RAMSHREE CHAUHAN AND OTHERS
                              VERSUS
                    UNION OF INDIA AND OTHERS

                                       ...
      Adv. for Petitioners : Mr. A. K. Gaikwad h/f Mr. R. V. Bansode.
            ASGI for Respondent Nos.1 & 2 : Mr. A. G. Talhar.
        AGP for Respondents-State : Mr. S. R. Yadav-Lonikar And
                       Mr. S. B. Yawalkar, respectively.
         Advocate for Respondent No.4 : Mr. A. P. Bhandari h/f
                            Mr. M. D. Narwadkar.
              Advocate for Respondent No.6 : Mr. K. C. Sant.
       Advocate for Respondent Nos.11 & 12 : Mr. A. S. Barlota h/f
                              Mr. S. K. Barlota.
        Advocate for Respondent Nos.7 to 10 : Mr. S. B. Solanke.
        Advocate for Respondent No.4 in WP/8128/20 : Mr. S. G.
                                   Karlekar.
                                      ...

                               CORAM : RAVINDRA V. GHUGE, AND
                                       S. G. MEHARE, JJ.

DATE : 30.08.2021

PER COURT :-

1. On 04.11.2020, none appeared for the petitioners and

after the second call, it was stated that Mr. Bansode, the

2 16-WP.7559-20+1.odt

learned advocate for the petitioners is held up at Bombay. On

23.11.2020, again a pass over was sought and then an

adjournment motion was put forth at 4.50 p.m. On

21.12.2020, none appeared for the petitioner. On 22.02.2021,

Advocate Mr. Kiran Nikam, appeared for the petitioners in

place of Mr. Bansode. This Court has passed an order on

consent terms. On 28.06.2021, the learned advocate for the

petitioners was present. We were informed that a judgment has

been delivered by this Court at Nagpur Bench on 04.05.2021 in

Writ Petition No.410 of 2021 filed by Takhtmal Srivallabh

Homeopathy Medical College Vs. Union of India and others.

On 10.08.2021, none appeared for the petitioners. Today, the

learned advocate Mr. Gaikwad mentions on behalf of Mr.

Bansode that he is unwell. We are informed that Mr. Bansode

has his office at Mumbai and an advocate within the limits of

the Aurangabad city has not been engaged to represent the

petitioners along with him.

2. Be that as it may, AYUSH shall proceed to take a decision

in the light of the cut-off dates prescribed by the Hon'ble Apex

Court vide it's order dated 20.02.2020 in Civil Appeal No.603

of 2020 viz. the Under Graduates admitted prior to 15.10.2019

3 16-WP.7559-20+1.odt

and the Post Graduates admitted prior to 31.10.2019 and

subject to the prescribed minimum marks for admission, would

be eligible.

3. We are informed that AYUSH has already considered the

proposal and forwarded it's recommendations with reference to

M.H.F. Homeopathy College, Sangamner vide it's

communication dated 08.06.2021 addressed to the Secretary,

Admission Regulatory Authority, Mumbai.

4. We expect AYUSH to undertake the same activity as

regards the present petitioners. It is made clear that we have

not expressed any opinion as to whether any petitioner is

eligible or not and it would be AYUSH and the Admission

Regulatory Authority, who would take a decision in the light of

the directions of the Hon'ble Apex Court's order dated

20.02.2020.

5. We direct the learned advocate of the petitioners to have

the assistance of a local advocate at Aurangabad along with

him so as to represent the petitioners.

(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) ...

vmk/-

 
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