bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 7566 OF 2007 PETITION NO. 7566 OF 2007 PETITION NO. 7566 OF 2007 Dr.Varun Gul Bhatia & ors. ... Petitioners V/s Mah. University of Health Sciences, Nashik & ors. ... Respondents ALONGWITH ALONGWITH ALONGWITH WRIT WRIT WRIT PETITION NO. 9338 OF 2007 PETITION NO. 9338 OF 2007 PETITION NO. 9338 OF 2007 The Mahatma Gandhi Vidyamandir’s Dental College and Hospital, Nashik ... Petitioner V/s Maharashtra University of Health Sciences, Nashik & ors. ... Respondents Mr.C.J.Sawant, Sr.Advocate i/by Ms.Pooja Thorat for the petitioner in W.P.No.9338 of 2007. Mr.V.M.Thorat for the petitioner in W.P.No.7566 of 2007. Mr.A.A.Kumbhakoni, Associate Advocate General with Mr.V.P.Malvankar, A.G.P. for the respondent State. Mr.B.S.Sawant i/by Ms.Anamika Malhotra for the respondent Dental Council of India. Mr.A.A.Kumbhakoni, Associate Advocate General with Mr.S.B.Shetye for the respondent Maharashtra University of Health Sciences. CORAM: CORAM: CORAM: J.N.PATEL AND J.N.PATEL AND J.N.PATEL AND SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: DATED: DATED: 28TH JANUARY, 2008. 28TH JANUARY, 2008. 28TH JANUARY, 2008. P.C. P.C. P.C.: 2 1. Writ Petition No.7566 of 2007 has been filed by the students of respondent No.3 institution as well as Dental Council of India in addition to the State of Maharashtra, whereas Writ Petition No.9338 of 2007 is filed by the institution itself against the respondent Maharashtra University of Health Sciences, Nashik and others including the Dental Council of India, with a grievance that the petitioner students came to be admitted to the postgraduate course which is a MDS Course in their College from the academic session 2007-08 and thereby entitled to appear for the examination conducted by the respondent No.1. 2. On the other hand, it was the stand of the respondents that as the petitioner institution Mahatma Gandhi Vidyamandir’s Dental College & Hospital was not affiliated to Maharashtra University of Health Sciences for the academic session 2007-08, these students cannot be allowed to appear for the examination as sought. 3. After hearing the parties at length, the petitioner institution has come up with a say that it is a technical error on their part of having admitted students to postgraduate course in 2007-2008 whereas they were granted affiliation for conducting postgraduate course from 2008-2009. The students need 3 not be deprived of their career and that the petitioner institution is ready to give up its 10 seats out of 12 per academic sessions for three consecutive academic sessions commencing from 2008-2009 till 2010-2011 and these seats would be offered to 10 postgraduate students who would be selected from admission process through Common Entrance Test would be given admission to Mahatma Gandhi Vidyamandir’s Dental College & Hospital at Nashik. 4. Our attention was drawn to such a precedent wherein the Court’s intervention was sought and these students were permitted to appear for the examination. It was in the case of Maharashtra Academy of Engineering & Educational Research v/s Maharashtra University of Health Sciences, Nashik & ors. passed in Writ Petition No. 9394 of 2003 with other petitions which are disposed of on 18.6.2004. 5. Considering this an exceptional case and as the counsel for Dental Council of India Mr.B.S.Sawant, through petitioner institution in Writ Petition No.9338 of 2007 has filed an affidavit of its General Secretary and the parties submit that this Court may pass appropriate orders in the interest of the institution. 4 6. In our view, giving up of 10 postgraduate seats for three consecutive academic sessions would act as sufficient deterrent to the potential institutions which are likely to indulge in such type of practices as otherwise it would become highly impossible to regulate institutions from enrolling students to course which are however not recognised of which there is no affiliation to a competent University. 7. We make it clear that we are accepting this proposition purely in the interest of the students and, therefore, accept the undertaking tendered by Mr.Prashant B. Hiray, General Secretary of Mahatma Gandhi Vidyamandir’s Trust, Malegaon Camp, Dist. Nashik which runs the petitioner institution. According to the undertaking given to this Court which has been pursuant to a resolution dated 25.1.2008, which is annexed to the affidavit, the petitioner institution will give up 10 postgraduate seats out of 12 postgraduate seats of Mahatma Gandhi Vidyamandir’s Dental College and Hospital, Nashik for the three consecutive academic sessions from 2008-2009 till 2010-2011 to be filled in by the Government of Maharashtra through their Common Entrance Test. 8. Mr.Kumbhakoni, learned Associate Advocate General 5 who also represents respondent University submits that he has instructions to state that the respondent Maharashtra University of Health Sciences would regularise the admission of these students and permit them to appear for the postgraduate examination M.D.S. of the academic session 2007-2008 and that the University has also passed a resolution to that effect. 9. In view this, nothing survives in these two petitions and the same are disposed of accordingly. (J.N. (J.N. (J.N. PATEL, J.) PATEL, J.) PATEL, J.) (SMT.NISHITA (SMT.NISHITA (SMT.NISHITA MHATRE, J.) MHATRE, J.) MHATRE, J.)