LAWS(BOM)-1991-9-19

ASHWIN PRAFULLA PIMPALWAR Vs. STATE OF MAHARASHTRA

Decided On September 16, 1991
ASHWIN PRAFULLA PIMPALWAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) A prelude to the cases before the Court: Admissions to Professional Colleges, Medical, Engineering or other generates regularly and recurringly, an annual spurt of litigation. They raise quite often complex and complicated legal problems. Courts, particularly, the Constitutional, have the duty and responsibility to resolve the controversies. This feature was adverted to in a recent judgment by the Apex Court Vide (Dr. Ku. Nilofar Insaf v. State of Madhya Pradesh and others) J.T.1991(3) S.C. 433).

(2.) The time constraint for rendering the decision is often adverted to by the courts; for that cannot be a retrieval when the sands of time run off. It would be cruelty of a high order to expose indefinitely the flower of intelligent youth to a distressing situation of disconcerting unpredictibility. The rush and hurry required for an expeditious decision, in turn, entail difficulties on para of Counsel, long arguments in courts and serious consideration by the Judges. When numerous cases come before different Benches of the High Court (as in the Present case - Bombay and Nagpur) and when different Benches reach irreconciably opposite conclusions, the exigency of resolution of conflict arises. This Full Bench had to take up these cases in the above background. Some General Remarks on Maharashtra Medical Education.

(3.) The State of Maharashtra had advanced considerable, among others, in the medical education. The Universities of Bombay, Nagpur, Marathwada, Shivaji and Pune are the universities much concerned with the medical education. The Municipal Corporation of Greater Bombay runs three medical colleges in the city of Bombay and many are run by the State itself in Maharashtra. Studies at graduate and post-graduate levels are undertaken by the students in those institutions.