SHIVAJIRAO NILANGEKAR PATIL DR MAHESH MADHAV GOSAVI Vs. MAHESH MADHAV GOSAVI:SHIVAJIRAO NILANGEKAR PATIL

JUDGEMENT

(1.) These two special leave petitions arise out of the decision of the Bombay High Court in the appeal No. 216 of 1986. Leave as asked for is granted in both and appeals arising therefrom are disposed of by this judgment.

(2.) The first appeal was filed by the appellant Shivajirao Nilangekar Patil who was at the relevant time the Chief Minister of the State of Maharashtra and the second one was filed by Dr. Mahesh Madhav Gosavi, the applicant in the original writ petition out of which appeal ultimately came to the Division Bench of the Bombay High Court resulting in Civil Appeal No. 216 of 1986.

(3.) The controversy in this case centres round the conduct, if any, of the appellant in the first appeal in the M.D. Theory Examination in the discipline of Gynaecology and Obstetrics held by the University of Bombay on 14th to 17th October, 1985. In that subject, the practical examination was held by the University at K.E.M. Hospital, Bombay. This is a well-known hospital in Bombay and we are told that it is run by the Municipality. The total number of candidates registered for the examination was 52 of which 5 remained absent. One Dr. Mahesh Madhav Gosavi, original petitioner, who was at the relevant time Assistant Medical Officer of K. E. M. Hospital, Bombay was the petitioner. He and Smt. Dr. Chandrakala Patil alias Dawale, a Junior Assistant Medical Officer in the said K.E.M. Hospital, Bombay, who was respondent No. 4 to the original petition and one Dr. Mrs. Smita Thakkar who was respondent No. 5 were three candidates amongst others who had appeared for the examination. One Dr. M. Y. Rawal was the head of the Department of Gynaecology and Obstetrics in the said hospital and was the convenor of the Board for the said examination. Respondent No. 4 of the original petition, Smt. Chandrakala Patil is the daughter of the appellant, the erstwhile Chief Minister of Maharashtra. The appellant was at the relevant time the Chief Minister of Maharashtra.