Allowed

Anil Deoram Hinde and Ors. v. Maharashtra University of Health Science, Nashik and Ors.

Bombay HC13 Nov 2014WP/9946/2014

Case brief

AI extract

What is this about?

This single bench order allowed a writ petition filed by students who failed to clear the first year BAMS course in six attempts. The court directed the respondent university to issue examination forms for the ensuing exam.

What did the court decide?

Direction to make examination forms available and accept them for the first year BAMS examination for the ensuing dates.

Anil Deoram Hinde and Ors. Vs Maharashtra University… — Education and Admissions | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVL APPELLATE JURISDICTION

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WRIT PETITION NO. 9946 OF 2014

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Anil Deoram Hinde & others ... Petitioners V/s. Maharashtra University of Health Science, Nashik (thorugh its Vice Chancellor) & others. ... Respondents Mrs. A.S. Pai i/b. Pushpa Thapa for the petitioners. Mr. Sachin B. Shetye for the respondent university. Ms. Aparna Vhatkar, AGP for the State. WITH WRIT PETITION NO. 10067 OF 2014 Pathan Akramkhan Ganikhan ... Petitioner V/s. Union of India & others ... Respondents Mr. Sachin B. Chandan for the petitioner. Mr. Sachin B. Shetye for the respondent no.4. Ms. Aparna Vhatkar, AGP for the State.

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CORAM : NARESH H. PATIL AND A.P. BHANGALE, JJ . 13th November , 2014.

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P.C.

The petitioners in Writ Petition No. 9946/2014 are students of first year BAMS course in SMBT Ayurved College and Hospital, Dhamangaon, Tal. Igatpuri, Dist. Nashik and the petitioner in Writ Petition No. 10067/2014 is the student of first year BAMS course in respondent no. 4 College of Ayurvedia Mahavidlya. The petitioners could not get through the first year of BAMS course within six attempts. The examination is now on 22nd November, 2014, however, the respondent-University has refused to permit them to appear for the said exam for the seventh time. The petitioners approached this Court seeking directions to University to make the University Examination Forms available and to accept the said forms.

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The learned Counsel appearing for petitioners in both petitions placed reliance on a judgment of Aurangabad Bench of this Court in the case of Padmanabh Ratnakar Muley v/s. The State of Maharashtra passed in Writ Petition No. 3391/2013 and connected writ petitions.

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The learned Counsel appearing for the University submits that in the light of the judgment delivered which is annexed as Exhibit 'B' to the petition, necessary orders could be passed.

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In the facts of the case and in view of the aforesaid judgment of Aurangabad Bench, we direct that the petitioners can submit the examination form for ensuing examination of first year BAMS with reference to subjects in which they have failed. We direct the respondent-College to forward such examination forms to the respondent-University who shall process the same in accordance with rules and allow the petitioners to appear for first year

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professional course of BAMS subject to fulfilling other eligibility conditions.

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With aforesaid directions, writ petitions stand disposed of.

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All concerned to act on an authenticated copy of the order.

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(A.P. BHANGALE, J.) (NARESH H. PATIL, J.)

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L.S. Panjwani, P.S.

Anil Deoram Hinde and Ors. v. Maharashtra University of Health Science, Nashik and Ors.

Case brief

What is this about?

What did the court decide?

Anil Deoram Hinde and Ors. v. Maharashtra University of Health Science, Nashik and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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