Arpit S/O Shailesh Jadhav vs Maharashtra University Of Health ...
2022 Latest Caselaw 289 Bom

                                     1                         wp3117.20

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     NAGPUR BENCH : NAGPUR


                   WRIT PETITION NO.3117 OF 2020


Arpit s/o Shailesh Jadhav,
aged about 19 years, occupation :
student, resident of 1, Sai-kripa
Apartments, Ashadeep Society,
Dabha Wadi, Nagpur.                                 ...     Petitioner

      - Versus -

1)   Maharashtra University of Health
     Sciences, Dindori Road, Mhasrul,
     Nashik-422004, through its Registrar.

2)   The Admission Regulatory Authority,
     through its competent Authority,
     Fort, Mumbai - 32.

3)   Sumanbai Wasnik Institute of Nursing
     through its Director, Dabha,
     Nagpur - 440023.                         ...         Respondents


            -----------------
Shri A. Parchure, Advocate for petitioner.
Shri A. Deshpande, Advocate for respondent no.1.
Shri N.A. Gaikwad, Advocate for respondent no.2.
Shri R.M. Vaidya, Advocate for respondent no.3.
            ----------------


                       CORAM : SUNIL B. SHUKRE AND
                               ANIL L. PANSARE, JJ.

DATED : JANUARY 7, 2022 2 wp3117.20

ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

Heard Shri Parchure, learned Counsel for the petitioner,

Shri Deshpande, learned Counsel for the respondent no.1,

Shri Gaikwad, learned Counsel for the respondent no.2, and

Shri Vaidya, learned Counsel for the respondent no.3.

2) Rule, returnable forthwith. Heard finally by consent of the

learned Counsel for the parties.

3) It is not in dispute that the eligibility condition, which

required an outside student to have cleared X and XII Standard

examinations from the State of Maharashtra, was relaxed later on

from the academic year 2021-22 and as a result of which, from the

academic year 2021-22 and onwards all outsiders, who have not

cleared X or XII Standard examination or both from the State of

Maharashtra became eligible for securing admission to B.Sc.

Nursing Course through Institutional quota.

4) Such relaxation of eligibility condition for the subsequent

academic year clearly shows that such relaxation could also have

been granted to the similarly situated students, who had taken 3 wp3117.20

admission to the B.Sc. Nursing Course through Institutional quota

during the previous years. It would have been a different case if

fresh admissions had been sought by giving retrospective effect to

the relaxation so made. But such is not a case here. This is a case

where the petitioner was already admitted to the B.Sc. Nursing

Course through Institutional quota and now the petitioner has also

appeared in the second year examination. At this stage, as noted by

us in our earlier order dated 2/9/2021, if no relaxation is granted, it

would cause an irreparable loss to the academic career of the

petitioner and it would also cause loss to the student, who otherwise

would have been admitted to the B.Sc. Nursing Course had the

petitioner at the inception itself been denied admission. So the loss,

which is going to occur in this case, is not only individualistic, but it

is also Institutional and societal. To prevent such loss from

occurring, it is necessary for this Court to exercise its extra-ordinary

writ jurisdiction invoking Article 226 of the Constitution of India to

issue necessary directions in the matter. As noted by us, the

condition in question is not something, which from the view point of

the Authority, which prescribes the condition, is inflexible and non

relaxable in any circumstances. Of course, respondent no.2, as

submitted by its learned Counsel, is not the Authority, which has

stipulated this condition and the Authority is the Director, Medical 4 wp3117.20

Education and Research and, therefore, respondent no.2 could have

hardly done anything in this case. This is another reason why we

have decided to invoke our extra-ordinary writ jurisdiction in this

petition.

5) In the result, we allow the petition in terms of its prayer

clauses (i) and (ii). We direct that the admission of the petitioner to

B.Sc. Nursing Course be regularised and his result of second year

examination be declared. Rule is made absolute accordingly. No

costs.

                                          JUDGE                                           JUDGE




                              khj




Digitally Signed By:KAMAL HUNDRAJ
JESWANI
Signing Date:07.01.2022 17:59