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2024:BHCby- ALASX:M1I2KA5N8T LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date:

2024.03.15 1 WP-2445.23&WP-2921.24 13.03 .doc

16:35:49 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2445 OF 2024 Health-O-Wonder Private Limited ] Through the Authorised Person ] Amit Akaram Talap ] Age 31 years, occ. Service ] R/o. Shittur Tarf Malkapur, Kolhapur ]

Maharashtra – 416213 ]….. Petitioner Vs.

1] The Commissioner ]

Medical Education and Ayush ] Maharashtra ] 4^th Floor, Government Dental College, ] & Hospital Building, St. George’s ] Hospital Premises, P. D’Mello Road, ] Fort, Mumbai- 400001 ]

]

2] The Director of Medical Education ]

4^th Floor, Government Dental College, ] & Hospital Building, St. George’s ] Hospital Premises, P. D’Mello Road, ] Fort, Mumbai- 400001 ]

]

3] The Secretary, State of Maharashtra ]

Through Medical Education & Drugs ] Department, Mantralaya, Mumbai ]

]

4] State of Maharashtra ]

(Served through Government Pleader)]

]

5] HSCC (India) Limited ] A Company incorporated under the ] Provisions of Companies Act, ]

Having registered office at 205, ] Extend Plaza, Plot No.4 ] D.D.A. L.S.C. Centre-II ] Vashudhara Enclave – Delhi-110096 ] Through Binod Kumar ]

Dy. General Manager (Civil) ]….. Respondents.

WITH WRIT PETITION NO.2921 OF 2024

1] Nashik Zilla Swayam Rojgar ]

Berojgar Seva Sahakari Sanstha’s ] Mahasangh, Maryadit, Nashik ] Through its Authorized Signatory ] Kiran Hirama Aher ] Age 49 years, Occ : Business ] Resident of Namrata Enclave, ] Row House No.9, Canal Road, ] Gangapur Road, Anandwali, Nashik ]

]

2] Rayat Swayam Rojgar Seva Sahakari ]

Sanstha Limited, Nashik ] Through its Authorized Signatory ] Shri Viraj Vijay Ingale ] Age : Major, Occ : Business, ] Having address at 6^th Shrirang ] Mangal Apartment, Shrirang ] Nagar, Pumping Station, ] Gangapur Nashik – 422013 ]

]

3] Shivam Swayam Rojgar Seva ]

Sahakari Sanstha Maryadit Nasik ] Through its authorized signatory ] Shri Kiran Hiraman Aher ] Having address at Shivam Row ] Houses House No.8 Anand Nagar ] Happy Home Colony, Near Shri ] Krushna Hospital, Behind Ashoka ]

Tower, Drawla. Nashik, 422 011 ]

]

4] Bhaukrupa Swayam Rojgar Seva ]

Sahakari Sanstha Maryadit, ] Through its authorized Signatory ] Shri Sandip Shantaram Deore ] Age : Major, Occ : Business ] Having address at Triveni Row ] Bungalow No.3, Vrindavan Colony, ] Pipe Line Road, Anandvalli, ]

Gangapur Road, Nashik ]….. Petitioners.

Vs.

1] The State of Maharshtra ]

Through its Principal Secretary ] Department of Health ] Mantralya, Mumbai-400 032 ]

]

2] Principal Secretary, Finance ]

Department Mantralaya, ] Mumbai 400 032 ]

]

3] Commissioner of Health Services ]

& Director National Health ] Scheme, 8^th Floor, Health ] Services, Arogya Bhavan, Mumbai ]

]

4] Joint Director (Purchase Dept.) ]

6^th Floor, Health Services, ] Arogya Bhavan, Mumbai. ]

]

5] Principal Secretary Medical ]

Education and Drug Department ] Mantrayala, Mumbai ]

]

6] Commissioner Medical Education ]

and Ayush Maharashtra ]

Directorate of Medical Education ] Research Government Dental ] College Hospital Building, ] St. George Hospital Compound, ]

Mumbai 400 001. ]…. Respondents.

-----

Dr. Abhinav Chandrachud with Mr. Tushar Sonawane for the Petitioner in WP No.2445/2024.

Mr. Shailesh C. Naidu i/by Mr. Sanjay P. Shinde with Mr. Prathamesh T. Bhanuwanshe for the Petitioners in WP No.2921/2024.

Mr. P. P. Kakade, GP with Mr. O. A. Chandurkar, Addl. GP and Ms. A. A. Nadkarni, AGP for Respondent Nos. 1 to 4 (State) in WP No.2445/2024.

Mr. Ashutosh Kumbhakoni, Senior Advocate with Mr. Ashutosh Kulkarni i/by Mr. Sarthak S. Diwan for Respondent No.5 in WP No.2445/2024.

Mr. P. P. Kakade, GP with Mr. O. A. Chandurkar, Addl. GP and Ms. Snehal S. Jadhav, AGP for Respondent Nos. 1 to 6 (State) in WP No.2921/2024.

CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. &

ARIF S. DOCTOR, J.

Reserved on : 12^th March 2024 Pronounced on : 14^th March 2024 JUDGMENT : (PER ARIF S. DOCTOR, J)

1. Since the challenge in both the captioned Writ Petitions is essentially the