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2025 DAILYLAW 76522 (BOM)

SAU. MATHURABAI BHAUSAHEB THORAT SEVABHAVI TRUST AND ANR. v. THE UNION OF INDIA

WP/5481/2015 · 2025-12-04

Shri Ashwin D Bhobe, Shri Ravindra V Ghuge

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Judgment text

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30.WP5481.2015.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5481 OF 2015 Sau. Mathurabai Bhausaheb Thorat Sevabhavi Trust & Anr. … Petitioners. V/s. Union of India & Ors. … Respondents. --- Mrs. Pooja V. Thorat (through V.C.) a/w. Mr. D.B. Suralkar i/b. Mr. V.M. Thorat, Advocate for Petitioner. Mr. Rui Rodrigues a/w. Mr. N.R. Prajapati, Advocate for Respondent No. 1. Mr. Ganesh K. Gole a/w. Mr. Kunjan Makwana, Advocate for Respondent No. 2 MCI. Ms. Nisha Mehra, AGP for Respondent/State. --- CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ. DATE : 4th DECEMBER, 2025 P.C. : 1. This matter is listed in “Supreme Court Expedited matters” category. 2. On 13.11.2025, we had recorded in the order that our Bench has suo-moto listed the Petition on the board under the caption “Supreme Court Expedited Matters.” after it was brought to the notice of our Bench that the Hon’ble Supreme Court had passed an order on Talwalkar 1 ARUNA SANDEEP TALWALKAR Digitally signed by ARUNA SANDEEP TALWALKAR Date: 2025.12.05 15:16:43 +0530 30.WP5481.2015.odt 17.8.2015 in Special Leave to Appeal (C) No. 22599 of 2015 filed by the Medical Council of India, expecting that the High Court would dispose off this matter as soon as possible. On 13.11.2025, therefore, we recorded in our order as under : “1. This Bench has suo-moto listed the Petition on board today under the caption “Supreme Court Expedited Matters.” 2. We have perused the order of the Hon’ble Supreme Court dated 17th August, 2015, passed in Special Leave to Appeal (C) No.22599 of 2015, wherein the High Court was requested to finally dispose off the matter as soon as possible, on its merits. 3. The farad sheet indicates that numerous adjournments have been sought by the Petitioners on various pretexts, including for amending the Petition. The matter pertains to admission of students for the Academic Year 2015–2016. 4. Even today, an adjournment is sought. The learned Advocate Mr. Suralkar submits that Mr. Thorat, the learned Advocate for the Petitioners, will be available before this Court on 4th December, 2025. 5. As a last chance, we are listing this Petition on 4th December, 2025, in the same category, with notice to the parties that if an adjournment is sought by the Petitioners on the next date, the Petition would be dismissed.” 3. The learned Advocate for the Petitioner submits on instructions that after the detailed interim order (30 pages) passed by this Talwalkar 2 30.WP5481.2015.odt Court on 7.7.2015, the Nodal Authorities inspected the College and ever- since, the College is found to have satisfied the infrastructural requirements as well as faculties. The College is now functioning smoothly. The PG Course is also granted to the College after due inspection and verification. It is, therefore, submitted that this Petition is rendered infructuous and be disposed off. 4. The learned Advocates for the MCI and Ministry of Health & Family Welfare department, jointly submit that it is the prerogative of the Nodal Authority to inspect such Institutions. In the event, it is now found that there are shortcomings, appropriate action would be initiated and it would be a fresh cause of action. 5. In view of the above, this Petition is disposed off. Rule is discharged. 6. We record that the Interim order and the order passed today, on request for disposing off the Petition, is restricted to the cause of action which was voiced in the present Petition at the relevant time. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Talwalkar 3