Miss. Shamal Shamsunder Kharat vs. State Of Maharashtra

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (LODGING) NO.14919 OF 2014 Miss. Shamal Shamsunder Kharat and 6 Ors. … Petitioners Vs. 1. State of Maharashtra and 2 Ors. …Respondents …. Mr. Chandrashekhar B. Kher i/b. Ms. Shamika Ranade for the Petitioners. …. CORAM : S.C. GUPTE & M.S. SONAK,JJ. (VACATION COURT) DATED : 31 MAY 2014 P.C. : . Petitioner Nos. 1 to 6 are students of the First Year of Revised General Nursing Midwifery. The Petitioners are students of Petitioner No.7 Institute. The Institute is running a Midwifery Course of 3½ years as per the Essentiality Certificate given by Joint Secretary, Government of Maharashtra, Medical Education and Drug Department vide order dated 10 September 2011. Respondent No.2 has issued provisional permission to start the Nursing Course and accordingly, Petitioner No.7 Institute has been conducting the Course. For the academic year 2012 2013, Petitioner No.7 Institute applied for a permission to Respondent No.2 and has paid requisite fees for the same. It is the case of the Petitioners that inspite of several reminders, Respondent No.3, who is required to issue a suitability certificate on the basis of an inspection of the Institute, has not proceeded to conduct inspection. The Petitioners, in the premises, have also preferred a Civil Application, being Civil Application No.2478 of 2013, which is pending before this Court and posted for hearing on 10 June 2014. Petitioner No.7 – Institute has enrolled in all 20 eligible students, including Petitioner Nos. 1 to 6 for the academic year 20132014. These students have completed the first year of the Course. Petitioner No.7 – Institute has also paid the requisite fees towards examination of these 20 students. The fees have been duly accepted by Respondent No.2. It is the grievance of the Petitioners that inspite of the fact that Petitioner No.7 Institute has complied with all requirements of law and has duly submitted the examination forms of its students, Respondent No.2 has in its list of students eligible for the ensuing examination to be held from 3 June 2014, not included the names of these 20 students of Petitioner No.7 – Institute. The Petitioners have, in the premises, approached this Court for urgent adinterim reliefs by way of directions to Respondent No.2 to allow the Petitioners and their fellow students to appear for the examination which starts from 3 June 2014. Learned Counsel for the Petitioners submit that in a similar situation Aurangabad Bench of this Court has provisionally allowed students of another Nursing College to appear for the examination. Respondent No.2, who is the main contesting Respondent, has been duly served with the notice of today's application. learned Counsel for the Petitioners undertakes to file an affidavit of service within four days from today. Learned Counsel further undertakes to pay the requisite Court fees and remove all office objections and have the Petition numbered within two weeks from today. There is no explanation on record on the part of Respondent No.2 or 3, as to why inspection of Petitioner No.7 – Institute could not be carried out and suitability certificate issued till date, despite the fact that several applications have been made by Petitioner No.7 – Institute for such inspection and suitability certificate. It appears that even in the Petitioners' Civil Application, which was filed as far back as in September 2013, there is no response filed by the Respondents till date. In these circumstances, a primafaice case has been made out for grant of Rule and interim relief in the present case. 6 Accordingly, the following order is passed : (i) Rule. Rule made returnable within a period of eight weeks from today. (ii) By way of interim relief, Respondent No.2 is directed to allow the 20 students of Petitioner No.7 – Institute, including Petitioner Nos. 1 to 6, as per the list annexed at Exhibit "F" to the Petition to appear and sit for the examination of First Year Revised General Nursing Midwifery Course, which is to start from 3 June 2014. (iii) The interim relief granted hereby shall be without prejudice to the rights and contentions of all the parties. The appearance of the 20 students referred to above for the examination of First Year Revised General Nursing Midwifery Course shall be subject to the result of the Petition herein and any further orders that may be passed by this Court. (iv) The results of the examination of these 20 students shall not be declared without obtaining orders from this Court. (v) Parties to act on the True Copy of this order signed by Sheristedar of this Court. ( M.S. SONAK, J.) ( S.C. GUPTE, J. )

Order - Status 7: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5780 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders None present. CORAM : SHRIKANT D.KULKARNI REGISTRAR (JUDL.I) Date : 28 July 2014 Two weeks time is granted for payment of Bhatta. If Bhatta is paid within two weeks, issue notice to Respondents returnable within ten weeks from today. REGISTRAR (JUDL.I) RJ -I aap/mvm 28/07/2014

Order - Status 9: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5780 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders None present. CORAM : SHRIKANT D.KULKARNI REGISTRAR (JUDL.I) Date : 13 AUGUST 2014 Two weeks time is granted for payment of bhatta. If bhatta paid within two weeks, issue notice to Respondents returnable within eight weeks from today. REGISTRAR (JUDL.I) RJ -I aap/mvm 13/08/2014

Order - Status 11: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5780 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders None present. CORAM : SHRIKANT D.KULKARNI REGISTRAR (JUDL.I) Date : 10 SEPTEMBER 2014 Two weeks time is granted for payment of Bhatta. If Bhatta is paid within two weeks, issue notice to Respondents returnable within ten weeks. REGISTRAR (JUDL.I) RJ -I aap/mvm 10/09/2014

Order - Status 13: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5780 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders None present. CORAM : SHRIKANT D. KULKARNI REGISTRAR (JUDL.I) Date : 7 October 2014 Two weeks time is granted as a last chance for payment of bhatta. If bhatta is paid within two weeks, issue notice to Respondents returnable within eight weeks from today. REGISTRAR (JUDL.I) RJ -I aap/mvm 07/10/2014

Order - Status 16: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5780 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders Advocate Tejaswini Dalvi is present on behalf of Advocate for Petitioner. CORAM : SHRIKANT D. KULKARNI REGISTRAR (JUDL.I) Date : 03 DECEMBER 2014 Advocate to pay bhatta within two weeks, failing which W.P. shall stand dismissed for want of bhatta charges. REGISTRAR (JUDL.I) RJ -I gpj / 03.12.2014