Bombay High Court
Pawan Bahu-Uddeshiya Shikshan Va ... vs State Of Maha., Thr. Its Secretary, ... on 17 January, 2025
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
2025:BHC-NAG:523-DB
WP 310 of 2024 - Judgment.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.310/2024
PETITIONER : Pawan Bahu-Uddeshiya Shikshan Va Samajik
Vikas Sanstha, Through its Secretary, Plot
No.34, Vaibhav Laxmi Nagar, Shanti Nagar
Square, Vayfad Road, Umri Meghe, Wardha
...VERSUS...
RESPONDENTS : 1. State of Maharashtra, through its
Secretary, Medical Education & Drugs
Department, Mantralaya, Mumbai - 32.
2. Maharashtra State Board of Nursing And
Paramedical Education, Through its
Director, Government Dental College And
Hospital Building, St. Georges Hospital
Campus, Fort, Mumbai - 01.
5
----------------------------------------------------------------------------------------------
Mr. Anand Parchure, Advocate for petitioner
Ms Tanjwar Khan, AGP for respondent No.1
Mr T.S. Kene, Advocate for respondent No.2
-------------------------------------------------------------------------------------------- 10
CORAM : AVINASH G. GHAROTE AND
ABHAY J. MANTRI, JJ.
DATE : 17/01/2025
1. Heard. Rule. Rule made returnable forthwith. Heard
finally with the consent of the learned Counsels for the respective
parties.
WP 310 of 2024 - Judgment.odt
2. The petitioner is aggrieved by the communication dated
07/04/2022 (pg.31) and the further communication dated
28/05/2024 (pg.47-D) refusing to permit the students of the
petitioner/Institution enrolled in the A.N.M. and G.N.M. courses from
3. The basic grievance is that though the petitioner was
granted permission to continue the A.N.M. program with an intake
capacity of 20 seats for the academic year 2021-2022 by the
communication dated 30/08/2022, the last date for such enrollment
being 07/04/2022 and permission to start G.N.M. program for the 10
academic year 2021-22 with intake capacity of 50 seats by the
communication dated 07/04/2022 (pg.31) the last date for
enrollment was 07/04/2022, since the date for enrollment had
already been expired before the grant of permission by virtue of the
judgment in Pawan Bahu-Uddeshiya Shikshan Va Samajik Vikas 15
Sanstha through its Secretary Vs. State of Maharashtra, through its
Secretary, Medical Education & Drugs Department, Manatralaya,
Mumbai -32 and another, (Writ Petition No.6702/2022, decided on
WP 310 of 2024 - Judgment.odt
16/01/2023) (pg.32) the petitioner was granted the following
reliefs:
"(i) The order dated 09.01.2023 is modified in view of
the fair statement made by the learned counsel for respondent 2
that the students of the petitioner - society shall be considered as 5
irregular batch and an examination shall be held for them in the
month of March, 2023.
(ii) We may record that the learned counsel for the
petitioner Mr. Anand Parchure has no objection if the examination
is held in March, 2023, positively and the students of the 10
petitioner - society are permitted to appear as irregular batch."
4. In pursuance to this, the petitioner has enrolled students
in the A.N.M. and G.N.M. Courses, who have been permitted to
appear in the examination time to time under the orders of this
Court. The situation as of now is that the supplementary 15
examinations are to commence from 21/01/2025.
5. Mr. Parchure, learned counsel for the petitioner submits
that since the permission to continue/commence course was granted
subsequent to the last date for enrollment, the right of the petitioner
and students enrolled is protected by the judgment of this Court 20
dated 16/01/2023 in Writ Petition No.6702/2022, in view of which,
WP 310 of 2024 - Judgment.odt
the respondents, cannot now insist for grant of permission from the
Court again before the commencement of each examination.
6. We find that since the permission to continue/
commence the A.N.M./G.N.M. course was granted after/on the last
date of admission, the rights of the petitioner and the students 5
admitted, would be protected by the judgment of this Court dated
16/01/2023 in Writ Petition No.6702/2022. The writ petition is,
therefore, allowed by quashing the impugned communication and
directing the respondents to treat the students enrolled in pursuance
to the above permissions dated 30/08/2022 (pg.26) and 10
07/04/2022 (pg. 31) for A.N.M. and G.N.M. courses, to be regular
admissions though an illegal batch, entitled to all the incidences as
such. This is however subject to the condition that in case in the
future it is found that the petitioner has not enrolled students within
time, the Court would not be inclined to show any indulgence to the 15
petitioner.
7. This is also with a direction to the State that any
application which is received by it, ought to be decided in a
WP 310 of 2024 - Judgment.odt
reasonable time, much less to say well before the last date of
enrollment of the students. In case we find that in the future this is
not being done, we shall be constrained to impose exemplary costs
upon the State not less than Rs.50,000/-.
8. We further direct the respondents to verify the 5
documents, which may be sent by the petitioner in respect of the
ensuing examination. Such documents shall be sent by tomorrow
and the verification shall be done by tomorrow itself and the
admission card for the examination commencing from 21/01/2025,
for the purpose of ensuring the appearance of the students enrolled 10
in terms of the judgment of this Court dated 16/01/2023 in Writ
Petition No.6702/2022 shall also be issued. The writ petition is
accordingly allowed in the above terms. Rule is made absolute in the
aforesaid terms. No order as to costs.
(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)
KOLHE
Signed by: Mr. Ravikant Kolhe
Designation: PA To Honourable Judge
Date: 17/01/2025 18:40:10
