VEERA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally by issuing Rule and making it returnable forthwith. Three petitioners before this Court are students of Masters of Physiotherapy (M.P. Th.I) (by research) with respondent No. 3 University. They have been granted enrollment as such in the year 2003 and completed their research in 2008. Evaluation of that thesis was undertaken by respondent No. 3 University and part of Viva-voce is also over. Only one external examiner has still to complete Viva and thereafter the performance of the petitioners would have been finally scrutinized/evaluated to find out whether the masters degree can be conferred upon them.

(2.) It is at that juncture that provisions of the Maharashtra University of Health Sciences Act, 1998 (hereinafter referred to 1998 Act) came to be amended by issuing Ordinance No. XXXX of 2010 on 5th October, 2010. By said Ordinance section 94 of 1998 Act came to be substituted. Because of this amendment, respondent No. 3 University is now not in a position to confer masters degree or even to complete the evaluation process of the petitioners for said purpose.

(3.) Amended provisions require Petitioners to approach respondent No. 2 Health University for said degree. The curriculum of respondent No. 2 for said course is entirely different. It does not envisage masters degree by research i.e. on the strength of thesis. It is a three years course part of which consists even written examination.