Snehal Devidas Pawar vs State Of Maharashtra, Through ...
2021 Latest Caselaw 14383 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY


                                  NAGPUR BENCH, NAGPUR


                               WRIT PETITION NO. 2514 OF 2021


                 Snehal Devidas Pawar,
                 Aged about 26 years, Occ. Student,
                 R/o Mauli Niwas, Umari Road,
                 Near Patil Market, Akola.                       ..... PETITIONER

                                        // VERSUS //

        1.       State of Maharashtra, through its
                 Secretary, Tribal Development Department,
                 First Floor, Annex Building,
                 Mantralaya, Mumbai-32.

        2.       Project Officer, Integrated Tribal,
                 Development Department, Nagpur
                 Tq. and Dist. Nagpur

        3.       N.K.P.Salve Institute of Medical Sciences
                 and Research Centre and Lata
                 Mangeshkar Hospital, Nagpur through
                 its Dean, Digdoh Hills, Hingna Road,
                 Nagpur 440 019

        4.       Directorate of Medical Education and
                 Research, Govt. Dental College &
                 Hospital Building, through its
                 Director, Government Dental College
                 and Hospital, 4th Floor, St. George's
                 Hospital Compound, Near V.T.
                 Mumbai-400 001.

        5.       Maharashtra University of Health
                 Sciences, Through its registrar,
                 Mhasrul, Vani Dindori Road,
                 Nashik- 422 004                              ...RESPONDENTS
        =-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        Mr. A.R.Deshpande, Advocate for petitioner.
        Ms. Mayuri Deshmukh, AGP for the respondent nos. 1 and 2.
        Mr. Rohan Deo, Advocate for the respondent no.3.
        Mr. Abhijit Deshpande, Advocate for the respondent no.5.
        =-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


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                                     CORAM : SUNIL B. SHUKRE AND
                                             ANIL S.KILOR, JJ.

DATED : 4th October, 2021.

ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)

Rule. Rule made returnable forthwith. Heard

finally by the consent of the learned counsel for the respective

parties.

2. Learned counsel for the petitioner submits that

the case of the petitioner is squarely covered by the judgment

rendered by the Full Bench of Principal Seat at Bombay in the

case of Yash Pramesh Rana and others Vrs. State of

Maharashtra and another, reported in Mh.L.J. 2020(3) 772

wherein, it has been held that whatever may be procedure of

admission to MBBS course whether through CAP round or

institutional round, the admitted students would be entitled

to receive the benefits of free-ship scheme of the Government.

3. The learned Assistant Government Pleader, does

not dispute the fact that the issue is covered by the judgment

in the aforestated case of Yash Pramesh Rana and others Vs.

State of Maharashtra and another (supra).

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4. In view of above, the petition is allowed in terms

of prayer clause (A).

5. If any refund is found to be eligible for the

petitioner, the same shall be made by the respondent no.2 to

her within eight weeks from the date of the order.

6. Rule accordingly. No costs.

(ANIL S.KILOR, J.) (SUNIL B. SHUKRE, J.)

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