Bombay High Court
Ku Shah Nida Afrin Nawab ... vs The State Of Maharashtra ... on 7 May, 2021
Bench: Ravindra V. Ghuge, B. U. Debadwar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.3143 OF 2019
IN
WRIT PETITION NO.11863 OF 2015
WITH
WRIT PETITION NO.11863 OF 2015
KU SHAH NIDA AFRIN NAWAB NIZAMUDDIN
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for the Applicant/ Petitioner : Shri A.P. Bhandari
AGP for Respondents 1 and 2 : Shri S.G. Sangle
Advocate for Respondent 4 : Shri K.C. Sant
...
CORAM : RAVINDRA V. GHUGE
&
B. U. DEBADWAR, JJ.
DATE :- 07th May, 2021
Per Court :-
1. On 26.02.2019, this Court (Coram : T.V. Nalawade & Sunil K.
Kotwal, JJ) had passed the following order :-
"1. Call record and proceeding. The learned AGP is to take
steps to see that the record and proceeding is brought
before this Court immediately.
2. Call record in respect of validity orders in respect of
brothers of the petitioners viz. Danish Nawab
Nizamuddin Shah and Ajahat Nawat Nizamuddin Shah.
3. List the main matter for final disposal at admission stage
on 15.03.2019. Civil Application will be disposed of
along with the main matter."
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2. Today, the learned advocate for the applicant/ original
petitioner submits that, notwithstanding the above order, this Civil
Application has been circulated in an emergent situation since the final
year result of MBBS course of the petitioner has not been declared and
withholding of the said result is likely to deprive her of the internship
programme, which would start in this month.
3. We have considered the submissions of the learned advocate
for the applicant, the learned AGP and the learned advocate representing
respondent No.4/ Maharashtra University of Health Sciences, Nashik.
4. We are informed by the applicant that though the applicant is
ready for final hearing, which may not be feasible in the restricted court
hearing on account of covid-19 pandemic, the applicant is ready to
proceed with the petition as and when it would be listed. However, the
applicant requires an urgent order from this Court in terms of the
declaration of her final year MBBS result since the applicant is likely to
lose her opportunity of internship if this matter is taken up after normal
physical hearing is restored in the courts. Reliance is placed on the order
passed by this Court (Coram : S.V. Gangapurwala and S.D. Kulkarni, JJ)
dated 04.05.2021 in Writ Petition Nos.6321/2021 to 6334/2021.
5. The order dated 04.05.2021 referred to above by the
applicant, reads as under :-
"1. In all these matters the grievance of the petitioners it
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appears is that they have appeared for examination. The
results are not declared and that they may be permitted
to either prosecute their internship and/or further course
of M.B.B.S. The validation proceedings in respect of
these petitioners is pending before the Scrutiny
Committee.
2. We have heard the learned counsel for respective
petitioners, the learned A.G.P. and learned counsel for
respondent no.2.
3. It is not disputed that in all these matters the validation
proceedings are pending before the Scrutiny Committee.
4. The Scrutiny Committee shall decide the validation
proceedings in respect of tribe claim of petitioners
preferably within a period of six (06) months from the
date of appearance of the petitioners before the Scrutiny
Committee. The petitioners shall appear before the
Scrutiny Committee on 16.06.2021.
5. In those matters where petitioners have appeared for
final year M.B.B.S. examination and examination results
are not declared, the examination results shall not be
withheld only on the ground that validation proceedings
are pending and in case they are otherwise eligible they
may not be refrained from prosecuting their internship.
6. In those petitions where petitioners have appeared for
either 1st year or 2nd year M.B.B.S. examination, their
results shall not be withheld only on the ground that
validation proceedings are pending and in case they are
otherwise eligible they may be allowed to prosecute
studies for further year.
7. The respondents may take further course of action
depending upon the judgment that would be delivered
by the Scrutiny Committee in their validation
proceedings.
8. Writ Petitions are disposed of. No costs."
6. The learned advocate for the applicant submits that though
her caste validity claim has been rejected, the caste validity claims of her
two biological brothers viz. Danish Nawab Nizamuddin Shah and Ajahat
Nawat Nizamuddin Shah have been validated. The said validity
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certificates issued by the competent scrutiny committee are at page Nos.27
and 28 of the writ petition.
7. The learned advocate for the Health University submits that
though the result of the present applicant/ petitioner can be declared so as
to avoid deprivation of an opportunity of undergoing internship, this
Court should record that no right would accrue to the applicant by virtue
of this order.
8. We have perused the order dated 03.02.2017 (Coram : S.V.
Gangapurwala and S.S.Patil, JJ) in the original Writ Petition
No.11863/2015, vide which the applicant was protected since her claim
for validation was pending. By order dated 21.02.2017 (Coram : S.V.
Gangapurwala and K.L. Wadane, JJ), this Court noted that the caste claim
of the applicant/ petitioner is invalidated and granted her protection by
directing that no adverse action should be taken against her on the ground
that her caste claim is invalidated. We are informed that ever since the
filing of this petition and the invalidation of the caste claim of the
applicant/ petitioner, she has been granted interim relief by this Court,
from time to time, to the extent of protecting her admission to the MBBS
course and declaration of her results.
9. In view of the above, this Civil Application No.3143/2019 is
partly allowed under the following directions :-
(a) Result of the applicant/ petitioner, which has been withheld,
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shall be declared.
(b) The applicant/ petitioner is permitted to apply for internship
training.
(c) No equities would be created in favour of the applicant by
virtue of this order.
(d) In the event, the applicant/ petitioner fails in the writ
petition, no right shall accrue to the petitioner and she shall suffer the
consequences as is the crystallized position of law.
10. List the Writ Petition for final hearing on 10.06.2021 at 02:30
PM.
kps (B. U. DEBADWAR, J.) (RAVINDRA V. GHUGE, J.)
