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Judgment
N.K. Patil, J.—The petitioners in these petitions have sought to quash the impugned communication dated 30/05/2014 numbered as No. AC2-Adm/BDS/2013-14/D022, issued by the I respondent, in so far as it relates to the petitioner No. 2 (Annexure-A), the impugned communication dated 09/05/2014 numbered as No. AC2-Adm/BDS/2013-14/D036, issued by the I respondent, in so far as it relates to the petitioner Nos. 4 to 11 (Annexure-''A1''), the impugned communication dated 11/06/2014 numbered as No. AC2/Adm/mis-27/2013-14, issued by the I respondent, in so far as it relates to the petitioner Nos. 13 to 37 (Annexure-''A2''), the impugned communication dated 10/06/2014 numbered as No. AC2/Adm/mis-32/2013-2014, issued by the I respondent, in so far as it relates to the petitioner Nos. 39 to 45 (Annexure-''A3''). Further, petitioners have sought to direct the respondent to declare that, the admissions granted to the petitioners Nos. 2, 4 to 11, 13 to 37 and 38 to 45 are valid and that they are entitled to continuation of their studies by grant of approval of their admissions.
The petitioner Nos. 1, 3, 12 and 38 are the Colleges and petitioner Nos. 2, 4 to 11, 13 to 37 and 39 to 45 are their students who have been admitted to the First year BDS Course for the academic year 2013-14. Thereafter, petitioner Nos. 1, 3, 12 and 38 have sent all the papers pertaining to their students to the first respondent-University for approval of their admissions. It is the case of the petitioner Nos. 1, 3, 12 and 38 that, instead of approving the admissions of their students first respondent-University has sent impugned communications vide Annexures-A, A1, A2 and A3 denying the approval. Being aggrieved by the impugned communications sent by the first respondent vide Annexures - A, A1, A2 and A3 and seeking appropriate directions, the petitioners have presented these writ petitions.
We have heard learned Senior Counsel appearing for petitioners and learned counsel appearing for respondents.
During the course of the submission, learned Senior counsel appearing for the petitioners, at the out set submitted that, Annexures-A, A1, A2 and A3 issued by the first respondent-University may be treated as Show Cause Notices and permit the Colleges to give their detailed, consolidated reply along with necessary documents, within one week from the date of receipt of the copy of this order, in addition to what they have already submitted. Further, he submitted that, the first respondent-University may be directed to receive the same, pass appropriate orders after hearing the petitioner Nos. 1, 3, 12 and 38 strictly in accordance with law and also keeping in view the law laid down by the Apex Court and this Court in similar matters, as expeditiously as possible, at any rate, within a period of one week from the date of receipt of the consolidated reply to be given by the respective Colleges, keeping open all the grounds urged by the parties.
Per contra, learned counsel appearing for first respondent-University, inter-alia, contended and submitted that, appropriate decision will be taken in accordance with law, after affording reasonable opportunity of hearing to the petitioner Nos. 1, 3, 12 and 38 and the same will be disposed of, as expeditiously as possible, at any rate, within a period of one week from the date, of presence of the petitioner Nos. 1, 3, 12 and 38 along with the records.
The submission made by learned counsel appearing for both the parties, as stated supra, is placed on record.
In the light of the submissions made by learned counsel appearing for both the parties, without expressing any opinion on the merits or demerits of these cases, it would suffice for this Court to safeguard the interest of both the petitioners and first respondent-University, if the writ petitions are disposed of with appropriate directions to both the parties.
Having regard to the facts and circumstances of the cases, the writ petitions filed by the petitioners are disposed off, with the following directions:
(i) Annexures-A, A1, A2 and A3 issued by the first respondent-University are hereby treated as Show-cause notices.
(ii) Petitioner Nos. 1, 3, 12 and 38 are permitted to submit their detailed, consolidated reply to the show-cause notices vide Annexures-A, A1, A2 and A3, within a period of one week from the date of receipt of a copy of this order.
(iii) First respondent-University is directed to receive the same, pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner Nos. 1, 3, 12 and 38 or its authorized representatives, as expeditiously as possible, at any rate, within a period of one week from the date of appearance of the petitioner Nos. 1, 3, 12 and 38 or its authorized representative before it.
(iv) Further, the first respondent-University is directed that, if the petitioner Nos. 1, 3, 12 and 38 satisfy the eligibility of petitioner Nos. 2, 4 to 11, 13 to 37 and 39 to 45 to announce the results of those students immediately, if they are otherwise found eligible.
In view of disposal of the writ petitions, the relief sought by the petitioners in I.A. No. 2 of 2014 does not survive for consideration. Hence, it is disposed of as having become infructuous.