- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8342 OF 2007 ... Navnath Digambar Nandurkar and others ...Petitioners v/s. The Government of Maharashtra and others ...Respondents ... Mr.S.R.Ganbavale for the Petitioner Mr.C.R.Sonawane, AGP for State. ... CORAM: D.K.DESHMUKH & V.C.DAGA, JJ. DATED: 8TH JULY, 2008 - 2 - P.C.: 1. The Petitioners were admitted for Post-Graduate post in Ayurveda Faculty in the year 2007 in a Private Ayurveda College. According to the Petitioners, had they been informed that there were additional 23 seats created in the Government College, which were stipendiary, they would have opted for those seats. They did not opt for those seats at that time because representation was that these are non-stipendiary seats and therefore Petitioners opted for Private Ayurveda College. Therefore, in substance, what the Petitioners’ seek is that they should be admitted against those 23 seats in the Government Ayurveda College. 2. Firstly, the persons who will have to be displaced to grant admission to the Petitioners in Government College have not been joined as parties. Secondly, the Government cannot be asked to pay stipend to the Petitioners who are the students of Private Ayurveda College. In any case directing the - 3 - Government to pay stipend to the Petitioners is in the nature of decree awarding damages against the Government for allegedly making misrepresentation. Even the learned Counsel appearing for the Petitioners submits that such a relief cannot be granted in this petition. 3. Taking overall view of the matter, therefore, in our opinion, even due to passage of time no relief can be granted to the Petitioners. Petition is, therefore, rejected. (D.K.DESHMUKH, J.) (V.C.DAGA, J.)