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2013 Supreme(Bom) 1236

S.C.DHARMADHIKARI, R.G.KETKAR
Private Nursing Schools and Colleges Management Association – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:P.M. Shah, Sr. Advocate, i/by P.B. Shirsath, V.S. Deokar, Syed Mauzam Bukhari a/w Abdul Shaikh, Bharat Kothari, S.S. Thombare, Sachin Deshmukh, Santosh S. Jadhav, Narendra D. Sonawane, V.R. Dhorde, A.M. Kulkarni with Ashutosh Kulkarni, Girish Kulkarni, i/by Sandeep Waghmare, Girish Kulkarni a/w. Jaydeep Milra, i/by Sandeep Waghmare, K.S. Motwani, Muzamnil Hussain, Anand Parchure, Sudhir Halli, Deepak S. Jadhav, Advocates.
For the Respondents:R1 & R2, A.A. Kumbhakoni, Special Counsel, a/w. Mrs. S.S. Bhende, A.G.P., N.K. Rajpurohit i/by Suvarna Telgote, R3, Chandrakant A. Jadhav, N.K. Rajpurohit, i/by Ms. Suvarna Telgote, R4, Ms. Aishwarya Ambika, Suresh Kumar, R5, Sunil B. Jadhav, Advocates, Ms. Anjali Helekar, AGP.

JUDGMENT

S.C. Dharmadhikari, J.

1. The Public Interest Litigation and Writ Petitions were heard together. Since common arguments were canvassed and the issues for consideration are also common, all these matters are being disposed of by this common judgment.

2. Rule.

3. The Respondents waive service. By consent, Rule made returnable forthwith.

4. The facts in the Public Interest Litigation No.72/2013 shall now be noted.

5. Before noting them, what one finds and which is distressing and disturbing to note, is that by our order dated 30th April, 2013 we had granted leave to the Intervener to file brief written submissions. That was only because of paucity of time and since the Intervener's Advocate could not be given time as sought by him for oral argument. However, we find that while filing the Written Submissions, the Intervener has also annexed documents styled as additional documents to the written submissions. The Registry has, without verification and scrutiny and particularly in the light of our specific order and direction, proceeded to accept them. This practice of introducing documents after all arguments are over, not only prejudices the opponents of such parties, but amoun





















































































































































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