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Bombay High CourtCAW/2211/2017granted

Association Of Management Of Ayurvedic Medical Colleges Of Maharashtra And ANR. v. State Of Maharashtra And ORS.

2017-09-20Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice Anoop V. Mohta3 pages

Ladda(PS).

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 2196 of 2017 IN WRIT PETITION NO. 4430 of 2016 WITH CIVIL APPLICATION No. 2197 of 2017 IN WRIT PETITION NO. 4427 of 2016 WITH CIVIL APPLICATION No. 2203 of 2017 IN WRIT PETITION NO. 4437 of 2016 WITH CIVIL APPLICATION No. 2208 of 2017 IN WRIT PETITION NO. 4470 of 2016 WITH CIVIL APPLICATION No. 2198 of 2017 IN WRIT PETITION No. 4453 of 2016 WITH CIVIL APPLICATION No. 2199 of 2017 IN WRIT PETITION NO. 4454 of 2016 WITH CIVIL APPLICATION No. 2200 of 2017 IN WRIT PETITION NO. 4455 of 2016 WITH CIVIL APPLICATION No. 2201 of 2017 IN WRIT PETITION NO. 4461 of 2016 WITH CIVIL APPLICATION No. 2204 of 2017 IN WRIT PETITION NO. 4464 of 2016 WITH CIVIL APPLICATION No. 2205 of 2017 IN WRIT PETITION NO. 4465 of 2016 WITH 1 /3

CIVIL APPLICATION No. 2206 of 2017 IN WRIT PETITION NO. 4468 of 2016 WITH CIVIL APPLICATION No. 2207 of 2017 IN WRIT PETITION NO. 4469 of 2016 WITH CIVIL APPLICATION No.2209 of 2017 IN WRIT PETITION NO. 4473 of 2016 WITH CIVIL APPLICATION No.2210 of 2017 IN WRIT PETITION NO. 4475 of 2016 WITH CIVIL APPLICATION No. 2237 of 2017 IN WRIT PETITION NO. 4476 of 2016 WITH CIVIL APPLICATION No. 2211 of 2017 IN WRIT PETITION No. 4882 of 2016.

Association of Management of Ayurvedic Medical Colleges of Maharashtra & Anr.

..Petitioners.

Versus

State of Maharashtra & Ors ..Respondents.

Mr. M.V. Thorat a/with Mr. Anukul Setih i/by M.V.Thorat, Advocate for the petitioners.

Mr. Irfan A. Shaikh i/by Mr. Schindra B. Shetye, Adv.for Respondent No.3. Mr. C.P. Yadav, AGP for the State.

Mr. S.S. Patwardhan for Respondent No.4.

CORAM : ANOOP V. MOHTA AND SMT. BHARATI H.DANGRE, JJ.

DATE : 20th September, 2017 FINAL ORDER :- 2 /3

1) We are inclined to dispose of all these civil applications as those are filed by the petitioners pending the writ petitions. This Court by order dated 29th November, 2016 recorded as under : "Having considered the submissions made by learned counsel for parties, we are inclined to dispose of these civil applications by granting prayer clause (a) of Civil Application no. 2833 of 2016, however, subject to the condition that neither the applicants/petitioners nor the students whose results will be declared, shall claim any equity on the basis of this order whereby results are directed to be declared, and declaration of results would be subject to the final outcome of writ petitions."

2) It appears that the petitioners/students are permitted to appear in BAMS First Year Course as well as Second Year Course. The prayer is now to declare the result of II BAMS degree course which we are inclined to grant in the interest of justice keeping all defences open and also that the petitioners/students shall not claim any equity on the basis of this order. All these orders are subject to final outcome of this writ petition as already recorded. Therefore, the following order:- ORDER.

(a) The respondents/concerned University is directed to declare the result of the petitioners of BAMS II Year Course; (b) All contentions are kept open;

(c) All Civil Applications are accordingly disposed of; and (d) No order as to costs.

(SMT. BHARATI H.DANGRE,J) (ANOOP V. MOHTA,J) 3 /3