1 CA 1410.2011 in WP 608.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1410 OF 2011 IN WRIT PETITION NO. 608 OF 2009 Vd. Amit Jayendra Makwana and others .... PETITIONERS VERSUS Union of India and others. .... RESPONDENTS Mr. A.G.Talhar, Advocate for the applicants. Smt.A.V.Gondhalekar, Asstt. Govt. Pleader for State. Mr. K.C.Sant & Mr. K.D. Bade Patil, Advocates for Resp.No. 6. CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE : 04/03/2011 PER COURT : 1. Heard. 2. The applicants are the petitioners in Writ Petition No. 608 of 2009. Consequent to the issuance of notice by respondent no. 7 – Ayurved college, the petitioners apprehended that they would not be permitted to appear for Post Graduation examination by the University. Therefore, the 2 CA 1410.2011 in WP 608.2009 Civil Application is moved. 3. The learned counsel for the applicants submits that suitable direction be given to the respondents for allowing the applicants to appear for Post Graduation Course examination in the session 2008 – 2009. 4. We have heard the learned counsel for the parties. We have also perused the replies filed. 5. We have considered the matter in respect of the prayer made in the Civil Application and oral prayer made by the learned counsel. 6. Mr. Alok Sharma, the Standing Counsel for respondent no. 1 placed communication dated 6/10/2010 issued by the Secretary of Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH). The said communication addressed to the Secretary, Central Council of Indian Medicine, New Delhi reads as under : “ Sir, In continuation to the Department’s letter of even No. dated 22/12/2009, I am directed to convey herewith the decision taken in the meeting held on 24/11/2009 chaired by 3 CA 1410.2011 in WP 608.2009 the Hon’ble Minister for Health and Family Welfare and Co-chaired by the Hon’ble Minister of State ( H & FW) regarding regularisation of admissions for the session 2008 – 09 is permitted colleges of session 2009 – 10, as following : Some of the existing Ayurveda, Siddha and Unani colleges were not granted permission for taking admissions in the year 2008-09 but they had made admissions prior to the issue of disapproval. Some of these disapproved colleges fulfilled the basic eligibility conditions in the subsequent year and have been granted conditional permission to take admissions for the year 2009 – 10. Therefore, taking into consideration the sincere efforts made by these colleges for fulfillment of the requisite infrastructure and recruitment of the desired number of eligible teaching staff, the admissions made in the academic year 2008 – 09 shall be regularized in such colleges and this shall not be used as precedent in future. Yours faithfully, sd/- ( Sunita Sharma) Under Secretary to the Govt. of India ”. 4 CA 1410.2011 in WP 608.2009 7. In light of the same, we issue following direction to the University and College. We direct the respondents – Nanded and Osmanabad colleges and Maharashtra University of Health Sciences, Nashik to allow the applicants to appear for final examination of Post Graduation course of session 2008 - 09 and declare their results. The Civil Application is disposed of. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL,J.] knp/CA 1410.2011 in WP 608.2009