Bombay High Court
Dr. Kiran Krushna Rahigude vs The State Of Maharashtra Thr ... on 28 October, 2022
Bench: Madhav J. Jamdar, Gauri Godse
VARSHA Digitally
by VARSHA
signed
VIJAY VIJAY RAJGURU
RAJGURU Date: 2022.10.28
20:26:52 +0530 5- wp-12815-2022.doc
varsha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12815 OF 2022
Dr. Kiran Krushna Rahigude ... Petitioner
vs.
The State of Maharashtra
through Secretary Director of
Medical Education and Drugs and Ors ... Respondents
Mr Rudresh Jagdale, Advocate for the Petitioner
Ms Kavita Solunkhe, AGP, for Respondent Nos. 1 to 6.
Mr Pravin Bagade, for Public Health Services present.
CORAM : MADHAV J. JAMDAR &
GAURI GODSE, JJ.
(VACATION COURT)
DATE : 28th OCTOBER, 2022
P.C.:
1. Heard Mr Rudresh Jagdale, Advocate appearing for the Petitioner and
Ms Kavita Solunkhe, learned AGP for the Respondents. The main grievance
of learned Advocate for the Petitioner is that his case is covered by G.R dated
19.3.2019. He submits that G.R dated 26.9.2022 will not apply to his case. To
substantiate his contention he has relied on the Judgment of Aurangabad
Bench of this Court passed in Writ Petition No. 13949 of 2019 a/w Writ
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Petition No. 5071 of 2020.
2. The dispute involved in that case was whether the policy of the
Government as per the Government Resolutions dated 20 th May 2010 and 3rd
May 2011, will apply or new policy framed vide two Government Resolutions
dated 19.3.2019 read with corrigendum dated 26.3.2020 will apply. The
coordinate bench after discussing various aspects of the matter have held the
policy decision taken by the State through G.R dated 19.3.2019, read with
corrigendum dated 28.3.2020 will have prospective effect and the same will
not be applicable to the case of the Petitioner in those writ petitions.
3. As far as the Petitioner is concerned, the Petitioner was appointed on
30.7.2019, as Medical Officer at Primary Health Centre of Inglun, Taluka
Junnar, District Pune and he joined the said service on 5.8.2019 and he is in
service till date. The said area is remote/difficult/rural area. Therefore, it is
the Petitioner's case that G.R dated 19.3.2019 will apply to his case.
4. Undisputedly petitioner is in service as Medical Officer since 5.8.2019.
At that time G.R. dated 19.3.2019 was in force. Thus, prima-facie there is
substances in the Petitioner's contention that G.R dated 26.9.2022 will not
apply to his case and applicable G.R. is dated 19.3.2019.
5. It is also significant to note that the Petitioner appeared for National
Eligibility Cum Entrance Examination (NEET) for the academic year 2022-
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23 to pursue P.G Medical Education and the said examination was conducted
on 21.5.2022. The impugned G.R is dated 26.9.2022. Thus, prima-facie
there is substance in the contention that the impugned G.R will not apply to
the Petitioner's case.
6. In view of above we pass the following ad-interim order:
ORDER
(i) The Petitioner's case be processed by applying G.R dated 19.3.2019.
(ii) We direct that the Petitioner shall be allowed to take part in further
NEET rounds being held for making admission to different post graduation
courses by treating the Petitioner as provisionally eligible to get the benefits
of Government Resolution dated 19.3.2019, subject to final result of this
Petition. It is made clear that this interim relief granted to the Petitioner shall
not create any right or equity in favour of the Petitioner.
(iii) The above directions are subject to the further orders that may be
passed in this Writ Petition.
(iv) Stand Over to 16th November 2022.
(v) Parties to act on the authenticated copy of this order.
[GAURI GODSE, J.] [MADHAV J. JAMDAR, J.]
