Dr. Amarja/ Amarnath Mohan vs Union Of India, And Ors Through Its ...
2021 Latest Caselaw 5105 Bom

skn                                      1                  47.WP-9287.2019.doc



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CIVIL APPELLATE JURISDICTION

               WRIT PETITION NO. 9287 OF 2019
                           WITH
            INTERIM APPLICATION NO. 341 OF 2021

Dr.Amarja/ Amarnath Mohan.                           ...        Petitioner.
     V/s.
Union of India and others.                           ...        Respondents.



Mr.Ashutosh M. Kulkarni for the Petitioner.
Mr.Rui Rodrigues with Mr.Yunus Wakharia and Mr.Akash
Kotecha for Respondent No.1.
Mr.Ganesh K. Gole for Respondent Nos.2 and 3.
Mrs.P.N.Diwan, AGP for the State.


                CORAM :           NITIN JAMDAR AND
                                  C. V. BHADANG, JJ.

                DATE :            22 March 2021.

P.C. :

The learned counsel for the Petitioner placed on record a copy of the judgment dated 24 February 2021 rendered by the Division Bench of this Court in Writ Petition No.5343/2018 ( Anita Kishanrao Videkar v. Union of India and others )and a group of petitions wherein the Division Bench noting the facts, which are identical to the case of the Petitioner, held that when the students have appeared for examination and results were declared and when

skn 2 47.WP-9287.2019.doc

admission was taken, the concerned courses were recognized, the subsequent de-recognition of the courses should not affect their studies. The Division Bench has followed the decision of the Apex Court in the case of Suresh Pal v. State of Haryana1.

2. If considering the identical factual situation, the Division Bench has already taken a view protecting studies undertaken, and if the said decision is not being challenged and is accepted, then the Respondent Authorities should follow the law already laid down. As of today, nothing is shown to us as to how the Petitioner's case is different than the case of Anita Kishanrao Videkar and others.

3. The learned counsel appearing for Respondent No.3 states that he will take instructions in respect of this position and apprise of the stand of Respondent Nos.2 and 3 in this matter as to whether any distinguishing features are present in the Petitioner's case and whether similar relief protecting the studies already undertaken, as done in other cases, can be granted. Since the Respondent No.3 is a statutory body, it is expected to take a uniform stand, consistent with the view already taken by this Court which has attained finality.

4. Stand over to 5 April 2021. To be listed under the caption "For Directions".

         (C.V. BHADANG, J.)                       (NITIN JAMDAR, J.)
1    (1987) 2 SCC 445