Nagpur: While pronouncing order at the Nagpur Bench of Bombay High Court, a Division Bench of Justice Atul Chandurkar and Justice M W Chandwani in WP 1365/2023 filed by petitioner Mr Nakade of Satchikitsa Prasarak Mandal and intervened by Nagpur Homoeopathic College Principal Dr Balpande (CAW 741/23) & Vice Principal Dr Gopal Bhutada (CAW 970/23), dismissed the writ petition with cost and transferred all 27 students to other pharmacy institutes with vacant seats in Nagpur region , to protect the interest of career of students.
The legal rights of students to proceed against the petitioners i.e. trust and Nakade, are kept open to be agitated in accordance with law for floating an advertisement without due university affiliation thus, it would invite civil and criminal complications against trust.
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Friday 21 Feb. 2025
The petitioners knocked the doors of High Court firstly by floating an advertisement in The Hitavada on 1.01.2023 claiming University affiliation for B Pharma First Year Course but it’s the intervenors Dr Gopal BHutada and Dr Balpande brought to the notice of High Court that on 1.01.2023 the said institute had no affiliation whatsoever , and further university warned strictly on 2.01.2023 not to admit the students until clear affiliation received.
The Trust ,as usual with similar chequered history of litigations, dared fraud admissions & later went to High Court seeking legal approval which came to be strongly opposed by Govt CET lawyer Adv Nahush Khubalkar by citing Supreme Court citation Asha versus Pt. B.G. Sharma University of Health Sciences { (2012) 7 SCC 389} wherein the entire admission process needs to be in accordance with laws & rules.
He further urged that such a whimsical admission process without due affiliation in time, would set wrong precedence if allowed.
Adv Amol B Patil appearing for Dr Gopal Bhutada, being trust beneficiary, showed facts from RTI documents that, trust floated an advertisement without affiliation on 01.01.2023 which was intimated to university by him and consequently , university warned on 02.01. 2023 to trust not to admit students and take back all advertisement still trust proceeded further thereby playing with future of students and hence no leniency be shown to the trust but strongly urged students career be protected by shifting them to other affiliated institutes.
Adv P.S. Wathore appearing for Dr Balpande urged that trust did suppressed material facts like official legal non closure of Homoeopathic college in accordance with Section 74 of MUHS ACT 1998 and Dr. Barun Choudhary versus Gondia Education Society order of this court dated 19.04.22 & also pleaded that PCI must be necessary party which the petitioner avoided.
The High Court, after hearing at length, noted that trust didn’t had requisite clear university affiliation on the date of advertisement and on the date of admissions which is mandatory as per Section 49(6) of Dr Batu Act 2014 and Admission Rules 2017 and therefore, entire admission one day self styled program violates above rules without necessary entry in CAP rounds and hence do not find any legal basis to grant the reliefs prayed by petitioners.
Therefore, the court dismissed the petition with costs. Court further observed that students must first verify the credentials & the eligibility of institutes before seeking admission.
It is also learnt from the document that, on 01.04.2023 university too issued show cause notice to rescind the affiliation for non compliance of undertaking given by trust.
Adv .B.G. Kulkarni appeared for petitioners and Adv Nahush Khubalkar for State CET and Adv Amol B Patil (Intervenor Dr Bhutada) & Adv Pradeep Wathore (Intervenor Dr Balpande).
