AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.760 OF 2008 IN WRIT PETITION NO.4320 OF 2007 Maharashtra Nursing Council & Ors. ... Applicants Vs. Lokmanya Medical Foundations College of Nursing Education & Ors. ... Respondents Mr. Pravin Kamli i/b Vivek V. Salunke for the applicants. Ms. M.P. Thakur, AGP for the State. Ms. Suvarna Telgote for respondents 1 and 2. CORAM : SMT. RANJANA DESAI & SMT. ROSHAN DALVI, JJ. DATED : 18TH MARCH, 2008. P.C.:- 1. This civil application is taken out by the Maharashtra Nursing Council, a statutory body constituted under the Maharashtra Nurses Act, 1996 and its Registrar praying that they may be AJN 2 permitted to declare the first year results in the Academic Year 2006-07 of the first year of the batch of 16 students (for convenience, “the said students”), who are petitioners in Writ Petition No.4321 of 2007 and Writ Petition No.7600 of 2007. The instant petition is filed by respondents 1 and 2 herein challenging the action of the applicants in not permitting the said students admitted in the first year of G.N.M. course in the year 2006-07 to the nursing course conducted by applicant 1. 2. The case of the applicants, inter alia, is that respondent 1 was granted only provisional permission for the first year training. This permission was granted subject to the recommendations made by the Inspection Team. Respondent 1 was to cure the deficiencies. According to the applicants, by letter dated 17/7/2006, they had directed respondent 1 to cure the deficiencies. However, without curing the deficiencies, respondent 1 had initiated illegal and unauthorised admission process in June, 2006 for Academic Year 2006-07 without the applicants' permission. It appears that, therefore, the applicants have not permitted AJN 3 respondent 1 to admit the said students. 3. Our attention is drawn to order dated 5/6/2007 passed by the Division Bench of this court (Justice J.N. Patel & Justice A.A. Sayed). By the said order, Rule was issued. The said students were permitted to appear for the examination commencing from 6/6/2007. However, the Division Bench directed that the results of the said students shall not be declared until further orders from this court. 4. It appears that after receiving all documents from the applicants, as directed by the Division Bench of this court on 26/9/2007, the said students have taken admission in recognized institutes for the Academic Year 2007-08 even though the said students have not received their results of the first year. In the interest of the said students and considering that the said students should not lose their valuable academic year, applicant 1 permitted the other nursing schools/institutes to accommodate the said students though their results of first year have not been AJN 4 declared. It is averred in the civil application that because the results of the first year are not declared, the said students are facing various academic and financial difficulties. The said students have made a representation dated 11/12/2007 to the applicants praying that their first year results be made available to them. Against the background of these facts, the present civil application is filed. Learned counsel for the applicants contended that the results cannot be declared because of order dated 5/6/2007 passed by this court directing that the results should not be declared until further orders from this court. Learned counsel for the applicants submitted that in the peculiar facts and circumstances of the case, in the interest of the students, this court may permit their results of the first year be declared. Learned counsel for the original petitioners has no objection to the declaration of the results. 5. In our opinion, since the said students have taken admission in recognized institutions and since withholding of the first year results is likely to adversely affect their careers, it is necessary to AJN 5 direct that the results of the said students of the first year be declared. However, such a direction issued by us should not be construed to mean that we have expressed any opinion on the merits of the case of either parties. 6. We make it clear that this order is passed only in the interest of the said students and we leave all contentions of all parties open. 7. In the result, civil application is made absolute in terms of prayer clause (a). Civil application is disposed of. [SMT. RANJANA DESAI, J.] [SMT. ROSHAN DALVI, J.]