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"Petitioners Have Approaches Us At The Eleventh Hour"; Bombay HC Refuses Stay On Final Year Examinations Of Undergraduate Students [Read Order]

Nitish Kashyap
5 Sep 2020 2:14 PM GMT
Petitioners Have Approaches Us At The Eleventh Hour; Bombay HC Refuses Stay On Final Year Examinations Of Undergraduate Students [Read Order]
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The Bombay High Court on Saturday rejected the ad-interim prayer of nine students of various streams of the Maharashtra University Of Health Science, Nashik who sought stay on examinations in physical mode of final year undergraduate medical students set to begin across the State from September 8.

A division bench of Justice AA Sayed and Justice SP Tavade observed-

"The Petition itself discloses that there are about 10,000 students who are to appear in the physical mode of examination as per the time table published by the MUHS, annexed at running page 102 of the Petition. The examinations are to be held from September 8, 2020. In our view, the Petitioners have approached this Court at the eleventh hour. There is only one working day between today i.e. 5 September 2020 (Saturday) and 8 September 2020 (Tuesday). Hence, we are not inclined to grant any ad interim relief staying examination. The prayer for stay of the examination is rejected."

Petitioner students had sought withdrawal of the Circular dated August 21, 2020 pertaining to the holding of physical mode of examination of under-graduate medical students of final year across the State of Maharashtra.

Thereafter, the bench referred to the Supreme Court's order in the case of Sayantan Biswas & Ors. vs. National Testing Agency (NTA) & Ors. dismissing the Writ Petition seeking postponement of NEET UG-2020 and JEE (Main) April, 2020 via order dated August 17, 2020 wherein the apex court had observed as follows:

"We find that there is absolutely no justification in the prayer made for postponement of the examination in question relating to NEET UG-2020 as well as JEE (Main) April, 2020. In our opinion, though there is pandemic situation, but ultimately life has to go and the career of the students cannot be put on peril for long and full academic year cannot be wasted. Thus, we find no merit in the petition. The writ petition is, accordingly dismissed."

The next date of hearing is on September 17.

Advocate Kunal Kumbhat along with Advocate Sanket Bhandarkar for the Petitioners. Advocate Priyanka Patil for Respondent No.8 and Government Pleader PP Kakade with AGP MM Pable for the State.

Click here to download the Order

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