1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1561 OF 1994 Foster Development Homeopathy } Medical College, through its } Principal, near Jijamata Girls } School, N-5, CIDCO, Aurangabad. } ..... PETITIONER V E R S U S 1. Dr.Babasaheb Ambedkar } Marathwada University } Aurangabad, University } Campus, Aurangabad } Through its Registrar. } 2. The State of Maharashtra } .... RESPONDENTS Mr. N.B.Khandare, Advocate for petitioner. Mrs. R.K.Ladda, Assistant Govt. Pleader for State. Mr. S.S.Bora, Advocate holding for Mr. S.C. Bora, Advocate for respondent no. 1. CORAM : B.R.GAVAI & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT: 08/06/2010 ORAL JUDGMENT : [ PER – B.R.GAVAI, J. ] 1. By way of present Writ Petition, the petitioner impugns communication dated 5/5/1994, vide which the petitioner was directed to remit amount of Rs. 25,000/- (Rupees Twenty Five Thousand 2 only ). It was further directed that failing which, the B.H.M.S. Examination forms of May, 1994 examination will not be processed and the students will not be allowed to appear for the said examination. 2. Mr. N.B.Khandare, learned counsel for the petitioner submits that the impugned communication is totally arbitrary, illegal and malafide. He submits that for no reason, the fine of Rs. 25,000/- (Rupees Twenty Five Thousand only ) is imposed. It is further submitted that for no justifiable reason, the impugned communication puts restrictions on the students from appearing for the examination. It is, therefore, submitted that the impugned communication dated 5/5/1994 is liable to be quashed and set aside. 3. Mr. S.S.Bora, learned counsel appearing on behalf of University vehemently opposed the petition. He submits that since the petitioner was required to deposit fine amount as per communication dated 24/2/1994, the University had rightly issued communication under challenge as the petitioner failed to comply with the aforesaid communication. 4. By way of an interim order passed by this Court dated 14/5/1994, the students studying in the petitioner’s college were permitted to appear for the examination which was to be conducted in May, 1994. Vide the communication dated 5/5/1994 the petitioner was directed to deposit an amount of Rs. 25,000/- (Rupees Twenty Five 3 Thousand only ) in this Court, which amount has already been deposited by the petitioner. 5. We find that the impugned communication dated 5/5/1994 is totally vague. No details are mentioned in it as to why action is taken against the petitioner. While taking any punitive step, it was incumbent upon the University to have followed the principle of natural justice. The same has not been done. In that view of the matter, we find that the petition deserves to be allowed. Rule is thus made absolute in terms of prayer clause ‘ B ’. 6. At this stage, Mr. N.B.Khandare, the learned counsel appearing on behalf of petitioner graciously states that the petitioner is not interested in refund of Rs. 25,000/- (Rupees Twenty Five Thousand only ) and the same be donated on behalf of the petitioner to the High Court Bar Library of Aurangabad Bench. The Registry is, therefore, directed to remit amount of Rs. 25,000/- (Rupees Twenty Five Thousand only ) along with interest accrued thereon to the High Court Bar Library of Aurangabad Bench. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 1561.94 ( J )