2024:BHC-NAG:11070-DB
1 37-wp 786.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 786 OF 2024
( Dhairshil Shikshan Sanstha vs. State of Maharashtra and others )
Office Notes, Office Memorandum of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Mr. J.B.Gandhi, Advocate for the petitioner.
Mr. D.P.Thakre, Additional Government Pleader for the respondent
No.1.
Mr. Tejas Kene, Advocate for respondent No.2.’
Mr. Yash Venkatraman, Advocate for respondent No.3
CORAM : BHARATI DANGRE AND ABHAY J. MANTRI , JJ.
D ATE : SEPTEMBER 30 , 2024
This is a typical case where, we find that the
technology, which is expected to make things easier have in fact
resulted in somehow complicated situation.
The petitioner College though admitted the students
to course of Auxiliary Nurse and Midwife (ANM) for the academic
session 2023-2024 before the original cut off date i.e.
31/10/2023, but failed to upload the list of the students and this
has put them in a precarious situation.
2) Along with this petition, we have a list of 20
students, who are admitted in terms of the intake capacity of the
petitioner College during the academic session 2023-2024 and
an e-mail was also forwarded about enrolling the students for
batch 2023-2024 to the respondent Authorities. Due to not
uploading the list despite the fact that the cut off date was
extended till 30/11/2023, the students admitted by the
petitioner College did not receive the required registration from
the respondent No.2 Maharashtra State Board of Nursing and
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Paramedical Education and by communication dated 11/01/2024
the petitioner College was informed that since the students
admitted by Radhika Nursing School were not registered, their
documents cannot be verified.
3) We quite see the predicament of the students, who
are made to suffer because of the lapse on the part of the
petitioner College.
The learned Counsel appearing for the petitioner,
based on the pleadings in the petition, has submitted before us
that during the relevant period, the Principal of the College was
unavailable and the Tutor working in the College was entrusted
with this responsibility to ensure the follow up of the necessary
procedure and admittedly, she faulted, as a result of which the
appearance of the College from the website of respondent No.2
was conspicuously erased.
4) Since we are of the firm opinion that technology
can aid process, but it definitely will not take away the rights of
any Institution or candidate merely on the ground that the
names of the students are not uploaded, though they are
admitted prior to the cut off date and hence, we permit the
petitioner to approach the respondent No.2 with all the
necessary documents/ proof depicting that the 20 students which
are admitted in the academic session 2023-2024, had been duly
admitted before the cut off and subject to the verification of this
aspect, the respondent No.2 shall physically verify the
documents of the students and permit their registration
physically, as we are told that the window for registration is now
closed, for the academic session 2023-2024.
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5) We expect that the respondent No.2 shall carry out
such exercise within a period of two weeks from today. We also
expect that the petitioner and respondent No.2 to act with
utmost expediency as we are informed that the examination for
the ANM Course is likely to be commenced from 05/11/2024.
6) The Petition stands disposed of with the aforesaid
direction.
7) Authenticated copy of this order be provided to the
learned Counsel for the parties.
( ABHAY J. MANTRI, J. ) ( BHARATI DANGRE, J. )
KOLHE