State of Maha. Thr. Principal Secy., Medical Education and Drugs Dept., Mumba and Anr. Vs Mah. State Medical Teachers Association, Nagpur Thr. Authorized Signatory and Member, D.J. Sangle — Bombay HC (2025) — LawSathi Research

State of Maha. Thr. Principal Secy., Medical Education and Drugs Dept., Mumba and Anr. Vs Mah. State Medical Teachers Association, Nagpur Thr. Authorized Signatory and Member, D.J. Sangle — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the writ petitions granted, with liberty to take appropriate steps by filing appropriate proceedings before the Tribunal.

Issue for consideration

Maintainability of the writ petitions: whether the State, having accepted before the Tribunal the National Medical Commission's stand (via pursis dated 06.02.2024) on which basis the Tribunal passed the impugned order, can approbate and reprobate by raising a challenge to that order contrary to its own stand. +1 more

Court's answer

The Court finds substance in the submission of learned Sr. Advocate Mr. Naik for respondent No.1: the State cannot approbate and reprobate by challenging the Tribunal's order contrary to the stand it had taken before the Tribunal; the maintainability objection is well-founded.

Ratio / Principle

The State is estopped from challenging the order of the Tribunal, as the said order has been passed based on the pursis filed by the State itself.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Nagpur Bench (Division Bench: Anil S. Kilor and Rajnish R. Vyas, JJ.; judgment dated 11.09.2025) — Seven connected writ petitions (WP Nos. 2914, 2912, 3823, 2915, 3821, 3879 and 3827 of 2025) filed by the State of Maharashtra challenging orders of the Maharashtra Administrative Tribunal, Mumbai Bench at Nagpur, which relied on the stand of the National Medical Commission — that applicants working on contract basis as 'Assistant Professor' with one year 'Senior Resident' experience may be counted against the requirement of 'Assistant Professor' — as accepted by the State Government through a pursis filed before the Tribunal on 06.02.2024. Held: the State cannot approbate and reprobate by challenging the Tribunal's order contrary to the stand it had itself taken before the Tribunal; the State is estopped from challenging the order since it was passed based on the pursis filed by the State itself. On oral instructions, the learned AGP sought and obtained permission to withdraw the writ petitions, with liberty to take appropriate steps by filing appropriate proceedings before the Tribunal; the petitions were disposed of as withdrawn with liberty as prayed for.

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2025:BHC-NAG:8956-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.2914 OF 2025

STATE OF MAHA. THR. PRINCIPAL SECY., MEDICAL EDUCATION AND DRUGS

DEPT., MUMBAI AND ANR.

VS

MAHA. STATE MEDICAL TEACHERS ASSOCIATION, THR. AUTHORIZED SIGNATORY AND MEMBER, D.J. SANGLE AND ORS

WITH

WRIT PETITION NO.2912 OF 2025

STATE OF MAHA. THR. PRINCIPAL SECY., MEDICAL EDUCATION AND DRUGS DEPT., MUMBAI AND ANR.

VS

MAHA. STATE MEDICAL TEACHERS ASSOCIATION, THR. AUTHORIZED SIGNATORY AND MEMBER, D.J. SANGLE AND ORS

WITH

WRIT PETITION NO.3823 OF 2025

STATE OF MAHA. THR. PRINCIPAL SECY., MEDICAL EDUCATION AND DRUGS

DEPT., MUMBAI AND ANR.

VS

MAHA. STATE MEDICAL TEACHERS ASSOCIATION, THR. AUTHORIZED SIGNATORY AND MEMBER, D.J. SANGLE AND ORS

WITH

WRIT PETITION NO.2915 OF 2025

STATE OF MAHA. THR. PRINCIPAL SECY., MEDICAL EDUCATION AND DRUGS

DEPT., MUMBAI AND ANR.

VS

MAHA. STATE MEDICAL TEACHERS ASSOCIATION, THR. AUTHORIZED SIGNATORY AND MEMBER, D.J. SANGLE AND ORS

WITH

WRIT PETITION NO.3821 OF 2025

STATE OF MAHA. THR. PRINCIPAL SECY., MEDICAL EDUCATION AND DRUGS

DEPT., MUMBAI AND ANR.

VS

MAHA. STATE MEDICAL TEACHERS ASSOCIATION, THR. AUTHORIZED SIGNATORY AND MEMBER, D.J. SANGLE AND ORS

WITH

WRIT PETITION NO.3879 OF 2025

STATE OF MAHA. THR. PRINCIPAL SECY., MEDICAL EDUCATION AND DRUGS

DEPT., MUMBAI AND ANR.

VS

MAHA. STATE MEDICAL TEACHERS ASSOCIATION, THR. AUTHORIZED SIGNATORY AND MEMBER, D.J. SANGLE AND ORS

WITH

WRIT PETITION NO.3827 OF 2025

STATE OF MAHA. THR. PRINCIPAL SECY., MEDICAL EDUCATION AND DRUGS

DEPT., MUMBAI AND ANR.

VS

MAHA. STATE MEDICAL TEACHERS ASSOCIATION, THR. AUTHORIZED SIGNATORY AND MEMBER, D.J. SANGLE AND ORS

______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

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Mr. N.R. Patil, AGP for the petitioners/State

Mr. Akshay Naik, Sr. Advocate a/b Mr. M.A. Deo & Mr. Tejas Deshapande, Advocates for the respondent No.1

CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ. DATE : 11.09.2025

1. Heard.

2. At the outset, Mr. Naik, learned Sr. Advocate for the respondent No.1, raises an objection to the maintainability of these writ petitions.

3. It is argued that the State cannot approbate and reprobate for the reason that once the National Medical Commission took a stand that the applicants who are working on contract basis as ‘Assistant Professor’ with experience of one year ‘Senior Resident’ may be counted against the requirement of ‘Assistant Professor’ and the same has been accepted by the State Government by filing the pursis before the Tribunal on 06.02.2024 and the Maharashtra Administrative Tribunal Mumbai, Bench at Nagpur (Tribunal), by relying upon such stand of the National Medical Commission as well as the State Government, passes the order, which is impugned in the present petitions, the State cannot raise a challenge to the same, contrary to its stand taken before the Tribunal.

4. We find substance in the submission of Mr. Naik, the learned Sr. Advocate for the respondent No.1.

5. Accordingly, in the present matter, the State is

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estopped from challenging the order of the Tribunal, as the said order has been passed based on the pursis filed by the State itself.

6. At this stage, upon oral instructions, the learned AGP seeks permission to withdraw the present writ petitions, with liberty to take appropriate steps by filing appropriate proceedings before the Tribunal.

7. Accordingly, the writ petitions are disposed of as withdrawn with liberty as prayed for.

(RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.)

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