Disposed

Association of Management of Unaided Private Medical and Dentl Colleges of Maharashtra v. Shikshan Shulka Samiti and Another

Bombay HC19 Nov 2025WP/1926/2008

Case brief

AI extract

What is this about?

The Bombay High Court disposed of a writ petition regarding fee fixation in unaided medical colleges as infructuous because the three-year prayer period for which interim relief was granted had expired in 2011, rendering the matter stale after seventeen years.

What did the court decide?

The writ petition was disposed off as being infructuous and the rule was discharged.

Association of Management of Unaided Private Medical… — Service and Employment | Bombay HC (2025)

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TRUPTI SADANAND BAMNE

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907-wp-1926-2008.odt

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Digitally signed by TRUPTI SADANAND BAMNE Date: 2025.11.21 11:16:54 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 1926 OF 2008

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Association of Management of Unaided Private Medical and Dental Colleges of Maharashtra … Petitioner

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versus Shikshan Shulka Samiti & Anr. … Respondents

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Ms.Chandana Salgaocar for the Petitioner. Ms.Nazia Sheikh, AGP for the Respondent -State.

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CORAM : RAVINDRA V. GHUGE &

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ASHWIN D. BHOBE, JJ.

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DATE : NOVEMBER 19, 2025

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P.C:

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This matter is listed under the category of “Prioritized Cases.”

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We have considered the submissions of the learned Advocates

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for the respective sides.

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We have perused the speaking interim order passed by this

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Court on 6^th August 2008, which reads as under:

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“1. Heard the learned Advocate for the petitioner.

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Notice to the respondents for final disposal of the petition at the admission stage, returnable on

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Trupti

907-wp-1926-2008.odt

28-8-2008.

Taking into consideration the decision of the Apex Court in the matter of Islamic Academy of Education and another v. State of Karnataka and others, reported in (2003) 6 SCC 697, and more particularly the finding that fees fixed by the committee shall be binding for period of three years at the end of which period the institute would be at liberty to apply for revision and considering the fact that the respondent No.1 had fixed the fees only during the academic year 2007-08, prima facie case is made out for grant of ad-interim relief in the matter. Hence ad-interim ex parte relief in terms of the prayer clause (iii). The learned AGP appearing in the matter waives service on behalf of the respondent of No.2.”

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The prayer clause (iii) set out in the Petition reads as under:

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“(iii) pending the hearing and final disposal of the present petition this Hon’ble Court be pleased to grant stay to the effect and operation of the order passed on 18^th June 2008.”

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The learned Advocate for the Petitioner submits that the fees

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fixation was limited only for a period of three years and that, by virtue of the interim order passed in favour of the Petitioner, the Petitioner was protected against the impugned order. The three-year period was over in 2011. The matter, after the passage of seventeen years, is rendered infructuous.

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Trupti

907-wp-1926-2008.odt

In view of the above, this Writ Petition is disposed off as being

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infructuous.

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Needless to state, the ad-interim relief granted would be limited to the said period of three years.

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Rule is discharged.

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(ASHWIN D. BHOBE, J.)

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(RAVINDRA V. GHUGE, J.)

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...3

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Trupti

Association of Management of Unaided Private Medical and Dentl Colleges of Maharashtra v. Shikshan Shulka Samiti and Another

Case brief

What is this about?

What did the court decide?

Association of Management of Unaided Private Medical and Dentl Colleges of Maharashtra v. Shikshan Shulka Samiti and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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