Dr Dhanajay Sudhakar Sapate Vs Principal Secretary Medical Education and Drug Department — Bombay HC (2025) — LawSathi Research

Dr Dhanajay Sudhakar Sapate Vs Principal Secretary Medical Education and Drug Department — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: petitioners to submit representations to respondent nos. 1 and 2 within two weeks (e-mail permitted); respondents, coordinating with each other and with feedback from the Dean of the Medical College, to verify whether identically placed students received the claimed benefits and extend them to the petitioners on parity; verification and orders within four weeks; reasoned order communicated within 15 days if any petitioner is held ineligible; liberty reserved to challenge any adverse decision through permissible legal remedies.

Issue for consideration

Whether the petitioner resident Doctors are entitled to a direction/benefits similar to those issued by the common order dated 01 December 2022 in Writ Petition No. 9813 of 2022 and connected matters.

Ratio / Principle

All petitioners shall file representations, individually or jointly (including by e-mail), to respondent nos. 1 and 2 within a period of two weeks.

Key takeaways

Upon receipt of the representations/emails, respondent nos. 1 and 2, in coordination with each other and after taking appropriate feedback from the Dean of the Medical College, shall consider whether identically placed students have been granted such benefits and, if so, grant the petitioners the benefits on parity.ratio¶17
The verification exercise is to be completed and appropriate orders issued within four weeks.ratio¶18
If any petitioner is found ineligible, a reasoned order shall be passed and communicated to the concerned petitioner within 15 days from the date of such order.

Detailed headnote1 paragraphs

Writ Petition by resident Doctors seeking parity benefits: The Bombay High Court (Aurangabad Bench), for the self-same reasons as its common order dated 01.12.2022 in Writ Petition No. 9813 of 2022 and connected matters, disposed of the petition with directions that (i) the petitioners file representations, individual or joint, including by e-mail, to respondent nos. 1 and 2 within two weeks; (ii) respondents nos. 1 and 2, in coordination and after taking feedback from the Dean of the Medical College, consider whether identically placed students were granted such benefits and, if so, extend the benefits to the petitioners on parity; (iii) the verification exercise be completed and appropriate orders issued within four weeks; (iv) if any petitioner is found ineligible, a reasoned order be passed and communicated within 15 days; and (v) the aggrieved petitioner be at liberty to challenge the decision by permissible legal remedies. Per Court (Mangesh S. Patil & Prafulla S. Khubalkar, JJ.), decided 25.02.2025.

2025:BHC-AUG:5429

74 WP 2711 25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

74 WRIT PETITION NO. 2711 OF 2025

DR DHANAJAY SUDHAKAR SAPATE AND OTHERS VERSUS

PRINCIPAL SECRETARY MEDICAL EDUCATION AND DRUG DEPARTMENT

Advocate for the Petitioner : Mr. Swapnil Madanrao Mule AGP for Respondents: Mr. V.M. Kagne

CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ. DATE : 25.02.2025

PER COURT :

Heard both the sides.

The petitioners who are resident Doctors, are claiming a direction similar to the one issued in several Writ Petitions, by way of a common order dated 01 December 2022, in Writ Petition No.9813 of 2022 and connected matters.

For the self same reasons as indicated therein, we dispose of the petition with the following directions :

a. Let all these petitioners, either individual or jointly, file representations to respondent nos. 1 and 2 within a period of two weeks. They may send such representations even through e-mail to these two respondents.

b. After receipt of such representations/emails,respondent nos. 1 and 2, in co-ordination with each other and after taking appropriate feedback from the Dean of the Medical College, would consider whether identically

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74 WP 2711 25.odt

placed students are granted such benefits and in case such benefits have been granted, these petitioners would also be granted the benefits on parity.

C. Let the above verification exercise be completed and appropriate orders be issued within four weeks.

d. If any of these petitioners are found to be ineligible, a reasoned order be passed and the same be communicated to the concerned petitioner within 15 days from the date of such order.

e. The aggrieved petitioner would then be at liberty to challenge the said decision/reasons by resorting to a remedy as is permissible in Law.

( PRAFULLA S. KHUBALKAR J.)

(MANGESH S. PATIL, J.)

mkd/-

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