NANDINI PRAKASH INGAWALE AND ANR v. THE STATE OF MAHARASHTRA THR. ITS DEPARTMENT OF MEDICAL EDUCATION AND DRUGS AND ORS

High Court of Bombay, Bombay (Civil)
2025:BHC-AS:43706-DB

Discusses the principle against perpetuating illegality and the importance of adhering to statutory provisions.

Legal Discussion:

  1. Maharashtra State Board of Nursing and Paramedical Education Act, 2013: The judgment refers to the Maharashtra State Board of Nursing and Paramedical Education Act, 2013 (referred to as “the 2013 Act”), stating it is squarely applicable to the nursing courses and colleges in question. The judgment quotes Section 24(1) of the Act, outlining the powers and duties of the Board, including: (c) prescribing and regulating standard guidelines for selection and infrastructure for nursing and Paramedical Education Institutions, requirements for staff, buildings, furniture, equipment, stationary, and other things required for diploma level courses; (d) prescribing and developing any book as a textbook and reference book, preparing or causing to be prepared any book and print or non-print material, or publishing directly or in collaboration with any other agency, any kind of learning material for diploma level courses; and (e) prescribing the general conditions governing admission of regular candidates and ex-candidates to the examinations and specifying the conditions relating to eligibility, attendance, term-work, and the fulfillment of which a candidate shall have a right to be admitted to and appear at any such examination. The judgment emphasizes the imperative for Respondent No. 3 (College) to adhere to this statute.
  2. General Principles of Law: The judgment discusses the principle against perpetuating illegality and irregularity, citing the Supreme Court case of Tinku v/s. State of Haryana and Ors. The judgment quotes paragraph 11 of the Tinku case, emphasizing that equality under Article 14 is based on law and cannot be invoked to enforce a claim lacking legal sanctity. It states that courts should not compel authorities to repeat illegalities and that equity cannot be extended to confer benefits without legal basis or justification. The judgment also touches upon the concept of equity, stating that no equities are created in favor of the Petitioners due to their illegal admissions.

List of Laws: Maharashtra State Board of Nursing and Paramedical Education Act, 2013; General Principles of Law

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