ASN 1 NMS-344.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.344 OF 23011 IN WRIT PETITION LODGING NO.377 OF 2011 Dr. Pankaj s/o. P.D.Biraris and anr. ..Petitiners. Vs. The State of Maharashtra and ors. ..Respondents. Mr.A.M.Sarogi for the Petitioners. Mr. Jaideep Mitra i/by Apte & Co. for Respondent No.2. Mr. G.S.Joglekar for B.M.C. Mr.Ganesh Gole for Respondent No.5. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 26 July 2011 PC: In our order dated 14 June 2011 we have indicated that in case the College of Physicians and Surgeons of Bombay succeeds in its writ petition, the petitioners should not suffer any disadvantage on the ground that they did not attend the classes. Accordingly petitioners have been permitted to attend the lectures. However, in absence of formal order of enrollment, the petitioners apprehend that even after attending the lectures they will not be permitted to attend the examination. The learned counsel for the College of Physicians and Surgeons of Bombay states that even after the petitioners are enrolled now they will not be permitted to appear for the examination unless they attend the lectures in the second series i. e. from 16 June to 30 December 2011. ASN 2 NMS-344.sxw 2 In view of the above, we direct respondent No.2 -College of Physicians and Surgeons of Mumbai to enroll the petitioners and after petitioners complete the lectures in the second series, the petitioners shall be permitted to appear for the examination in the concerned branch. 3 Notice of motion is accordingly disposed of in terms of the above directions, without prejudice to the rights and contentions of the Medical Council of India and of the College of Physicians and Surgeons. 4 This order will be subject to the outcome of the writ petition and the outcome of the writ petition filed by the College of Physicians and Surgeons. CHIEF JUSTICE GIRISH S. GODBOLE, J.