Disposed

Bhartiya Vikas Bahuddeshiya Shikshan and Prashikshan Sanstha Thr. Its President and Anr. v. the State of Mah. Thr. Its Secty. and Anr.

Bombay HC10 Sept 2012WP/5258/2011

Case brief

AI extract

What is this about?

High Court addressed a writ petition where a Society admitted students to an Auxiliary Nursing Course without provisional permission. The Court directed the Council to allow students to appear in January exams at a nearby Wardha institute and stopped college admissions pending permission.

What did the court decide?

Direction to respondent Council to accommodate students in a nearby Wardha institute for January 2013 exams; fee remittance to Council; ban on new admissions until permission secured.

Bhartiya Vikas Bahuddeshiya Shikshan and Prashikshan… — Education and Admissions | Bombay HC (2012)

¶1

WP5258-11

¶2

¶3

FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

¶4

WRIT PETITION NO. 5258/2011

¶5

(BHARTIYA VIKAS BAHUDDESHIYA SHIKSHAN AND PRASHIKSHAN SANSTHA & ANOTHER VERSUS THE STATE OF MAHARASHTRA, MEDICAL EDUCATION AND DRUGS DEPARTMENT, MANATRALAYA, MUMBAI & OTHERS)

¶6

- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

¶7

¶8

Shri R.J. Mirza h/f Shri S.Z. Qazi, counsel for the petitioners. Mrs. K.R. Deshpande, A.G.P. for the R-1. Shri A.V. Khare, counsel for the R-2.

¶9

CORAM : SMT. VASANTI A. NAIK AND SUNIL P. DESHMUKH, JJ. DATE : SEPTEMBER 10, 2012 .

¶10

It is not in dispute that though the petitioner no.1Society was not having provisional permission to admit the students in the Revised Auxiliary Nursing Course for the academic session 2011-12, the petitioner no.1-Society had admitted the students to this Course during the said academic year.

¶11

Without going into the merits of the case, with a view to secure the interest of the students, who had been admitted in the petitioner no.2-institution, we had made a query to the counsel for the respondent no.2-Council as to whether some arrangements could be made for permitting the students to appear in the ensuing examinations likely to be held in the Month of January-2012.

¶12

Shri Khare, the learned counsel for the respondent no.2-Council, on instructions from the respondent no.2-Council, states that the Council would accommodate the students admitted in the academic session 2011-12, in a nearby Institute in Wardha, subject to remittance of fees of the students by the

¶13

WP5258-11

¶14

¶15

petitioners, prior to the examination scheduled in the Month of January-2013. It is submitted on behalf of the respondent no.2Council that the petitioner no.2-College should not admit any students till the college secures necessary permission from the Council and other competent authorities.

¶16

Shri Mirza, the learned counsel for the petitioners, on instructions from the President of the petitioner-Society, who is present in the Court today, states that the writ petition may be disposed of with a direction to the respondent no.2-Council to accommodate the students in a nearby Institute from Wardha and the fees of three months should be made payable to the Institute, where the students are temporarily admitted.

¶17

With a view to secure the interest of the students admitted by the petitioner no.1-Society in the College, the writ petition is disposed of with a direction to the respondent no.2Council to accommodate the students of the petitioner no.2College in a nearby college from Wardha, and permit them to appear at the examination scheduled in the month of January2013. The petitioners shall pay 1/6^th of the fees recovered from each of the students to the respondent no.2-Council for remittance of the same to the college, in which the students would be temporarily accommodated. It is needless to mention that the petitioners shall not admit the students for the academic session 2012-13 or at any point of time in future till the petitioners secure a valid permission from the respondent no.2Council to do so.

¶18

No order as to costs.

¶19

JUDGE

¶20

JUDGE

¶21

APTE

Bhartiya Vikas Bahuddeshiya Shikshan and Prashikshan Sanstha Thr. Its President and Anr. v. the State of Mah. Thr. Its Secty. and Anr.

Case brief

What is this about?

What did the court decide?

Bhartiya Vikas Bahuddeshiya Shikshan and Prashikshan Sanstha Thr. Its President and Anr. v. the State of Mah. Thr. Its Secty. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Anup Sureshrao Bende Vs Committee for Scrutiny/Verification of Tribe Claims, Amravati and Ors.

Adarsha Bahuudesiya Shikshan Prasarak Mandal, through Its President Mr. Umesh Ramprasad Lahote and Vs National Council for Teachers Education, through Its Convenor, New Delhi and 3 Others

The Pragati Co-Operative Housing Society Ltd. through Its Secretary, Vinod S/O Baliramji Tikle and Vs Shri Dnyaneshwar S/O Vitthalrao Chamat and 8 Others

M/S Gmmco Ltd. Thr. Its Manager/Auth. Signatory Vs Union of India Thr. Ministry of Finance, New Delhi and Ors.

Babanrao S/O Damduji Jawade Vs Dnyaneshwar S/O Ramaji Bhoyar and Another

Vishwanath Gopalrao Channe Vs State of Maharashtra, through Its Secretary, Department of Higher and Technical Education and 4 Oth