A homeopathic medical college challenged refusal of permission for BHMS undergraduate admissions and a new postgraduate course. On an appellate remedy being pointed out, the petition was withdrawn with liberty to appeal, with directions for expedited appellate consideration.
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2024:BHC-AS:37782-DB
Diksha Rane 904 WP 13108-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13108 OF 2024
MAHALAXMI HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL AND RESEARCH CENTER SATARA ..PETITIONER
VS THE UNION OF INDIA AND ORS ..RESPONDENTS
Mr. Suryajeet P. Chavan for the petitioner.
Mr. Rui Rodrigues a/w. Mr. Ashutosh Misra for respondent no.1. Ms. Purnima Awasthi, for respondent nos.2 and 3.
Mr. B. V. Samant, Addl. GP with Mr. S. P. Kamble, AGP for respondent – State.
Mr. Akshay S. Pansare i/b. Mr. Sachindra B. Shetye for respondent no.6.
-----------CORAM : A. S. CHANDURKAR & RAJESH S. PATIL, JJ
DATE : 24th September 2024.
P.C. :
1. The challenge raised in this Writ Petition is to the order dated
18th September 2024 by which permission for undertaking admission at the BHMS (undergraduate) Course as well as a New Postgraduate Course has been declined.
2. A preliminary objection is raised by the learned counsel for the respondent no.2 by submitting that under the National Commission for Homoeopathy (Assessment and Rating of Medical Institutions) Regulations, 2024 an appeal under Clause 14 can be preferred.
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Diksha Rane 904 WP 13108-2024.doc
3. In view of aforesaid, the learned counsel for the petitioner seeks leave to withdraw the Writ Petition with liberty to avail an appellate remedy. He submits that within a period of two days such appeal would be preferred.
4. The Writ Petition is disposed of as withdrawn.
5. If the petitioner files an appeal within a period of three days from today, the Appellate Authority shall consider the same on its own merits and in accordance with law and decide the same within a period of two weeks in view of the fact that the admission process is ongoing.
6. All points raised on merits are kept open.
7. The parties to act on an authenticated copy of this order.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
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Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 24/09/2024 17:39:50
1 issue framed by the court
Whether the writ petition should be withdrawn in favour of the statutory appellate remedy under Clause 14 of the 2024 Regulations.
1 provisions across 1 enactments
Mahalaxmi Homeopathic Medical College and Hospital and Research Center Satara
The Union of India
A. S. Chandurkar
Rajesh S. Patil
As recorded by the court registry
2 orders share this CNR
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