LAWS(BOM)-2005-4-73

PADMASHRI VITHALRAO VIKHE PATIL FOUNDATIONS MEDICAL COLLEGE VILAD GHAT AHMEDNAGAR Vs. PRAVESH NIYANTRAN SAMITI

Decided On April 25, 2005
PADMASHRI VITHALRAO VIKHE PATIL, FOUNDATIONS MEDICAL COLLEGE, VILAD GHAT, AHMEDNAGAR Appellant
V/S
PRAVESH NIYANTRAN SAMITI Respondents

JUDGEMENT

(1.) Rule in both petitions. By consent heard forthwith.

(2.) Writ Petition No. 3212 of 2004 has been filed by the management of padmashri Dr. Vithalrao Vikhe Patil Foundation's Medical College to challenge the order dated 11th October, 2004 passed by the respondent No. 1 of which the respondent No. 2 is the Chairman. By that order the respondent No. 1 directed that the admission of (1) Demde Rakesh Bhagwan, (2) Bahekar Pratik Pramod, (3) Sharma Gaurav Mahesh, (4) Shaikh Shifa Akif, (5) Sahir Jangam and (6) bhole Parag Chandrakant are not approved and further directed the management to admit students who have secured more marks and whose names are given in the earlier part of the order and who are respondent Nos. 3 to 8. It is this order which is the subject-matter of the present petition.

(3.) Writ Petition No. 9252 of 2004 has been filed by students to implement the order passed by the Pravesh Niyantran Samiti. The main relief sought is to direct the management to forthwith implement the directions given by the pravesh Niyantran Samiti. The further relief is to treat them as having been admitted for the 1st year M. B. B. S. Course for the academic year 2004-2005 on or before 30th September, 2004. By way of amendment further relief is sought to give admission to the petitioners for the M. B. B. S. Course commencing from the year 2005-2006 with a further direction that the State of Maharashtra, Medical council of India and the Maharashtra University of Health Sciences give approval to the admission of the said petitioners for the M. B. B. S. course commencing from the academic year 2005-2006 on the basis of the marks obtained by them at the CET held in the year 2004.