Dr. Sandeep S/O Devrao Wadhave vs National Board Of Examination In ...
2022 Latest Caselaw 10162 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH : NAGPUR

                  WRIT PETITION NO.5793 OF 2022

Dr. Sandeep s/o Devrao Wadhave,
aged about 38 years, occupation :
Medical Officer, Rural Hospital,
Malegaon, Tahsil Malegaon,
District Washim, Maharashtra.                      ...    Petitioner
             - Versus -
1)   National Board for Examination
     in Medical Sciences, through its
     Joint Director (Medical), Mahatma
     Gandhi Road, (Ring Road), Ansari
     Road, New Delhi - 110029.

2)   The Directorate of Health Services,
     Arogya Bhawan, St. George's Hospital
     Compound, P.D. Mello Road, Mumbai-
     400001.

3)   Commissioner, Health Services,
     MD NHM, 8th Floor, Arogya Bhawan,
     St. George's Hospital Compound,
     P.D. Mello Road, Mumbai - 400001.

4)   Deputy Director of Health Services,
     New Radhakishan Plots, Akola-444001.

5)   The Civil Surgeon, District Civil
     Hospital, Civil Lines, Washim,
     District Washim-444505.                        ...   Respondents
             -----------------
Shri P.P. Deshmukh, Advocate for petitioner.
Shri K.L. Dharmadhikari,         Assistant   Government   Pleader      for
respondent nos.2 to 5.
            ----------------
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                          CORAM : SUNIL B. SHUKRE AND
                                  G.A. SANAP, JJ.

DATED : OCTOBER 03, 2022

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

Rule. Rule is made returnable forthwith. Heard finally

with the consent of Shri Deshmukh, learned Counsel for the

petitioner, and Shri Dharmadhikari, learned Assistant Government

Pleader for the respondent nos.2 to 5.

2) We find that the petitioner had submitted his application

seeking grant of permission to appear at the NEET (PG) examination

well in time, but his application was forwarded to the Deputy

Director of Health Services, i.e. respondent no.4 by his Primary

Health Centre belatedly. In such a case, no fault could be found with

the petitioner and, therefore, it is necessary that the case of the

petitioner is considered sympathetically and favourably by the

respondent nos.2 and 3 by granting ex post facto permission to the

petitioner.

3) We accordingly direct the respondent nos.2 and 3 to

grant ex post facto permission to the petitioner to appear at the 3 wp5793.22

NEET (PG) examination from the category of "in-service Medical

Officers" within two weeks from today. We further direct the

respondents to process the result of the petitioner in accordance with

law on the basis of the ex post facto permission to be granted to the

petitioner by the respondent nos.2 and 3.

4) The petition is disposed of in the above terms. Rule

accordingly. No costs.

                                       JUDGE                                             JUDGE




                              khj




Digitally Signed By:KAMAL HUNDRAJ
JESWANI
Signing Date:04.10.2022 17:13