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Bombay High Court

DIPAKBHAI PREMABHAI PATELversusPUNYA SALILA SRIVASTAVA, IAS

Decided
Disposal
Disposed Off

Holding

The court held that the respondents had complied with the judgment and therefore the contempt petition was disposed.

Summary

The petitioners, Dipakbhai Patel and another, filed a contempt petition alleging that the respondents, including IAS officer Ms. Punya Salila Srivastava and others, had willfully disobeyed a Bombay High Court judgment dated 29 September 2025 in Writ Petition No. 11565 of 2025. The respondents had earlier filed a Special Leave Petition in the Supreme Court, which was dismissed on 31 July 2026, with the Supreme Court noting that the earlier judgment would not be a binding precedent because the petitioners had already secured admission for the second respondent in a medical college. Respondent No.3 testified that the court’s order had been complied with by admitting the second petitioner under the ST quota in the Namo Medical Education and Research Institute and that the requisite fees had been paid. The High Court accepted this compliance, found no contempt, and consequently disposed of the contempt petition without awarding costs.

Issues considered

  • Did the respondents commit contempt of the High Court’s judgment dated 29 September 2025?
  • Was the judgment complied with by admitting the petitioner under the ST quota and receiving fees?
  • What is the effect of the Supreme Court’s dismissal of the Special Leave Petition on the contempt proceedings?

Subjects

  • contempt of court
  • judgment compliance
  • Special Leave Petition
  • Supreme Court dismissal
  • ST quota admission
  • medical education

Judgment

                                                                                             11-CP-397-26.doc
                                    Dipakbhai Premabhai Patel & Anr. v. Ms. Punya Salila Srivastava, IAS & Ors.




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                            CONTEMPT PETITION NO. 397 OF 2026
                                                          IN
                             WRIT PETITION NO. 11565 OF 2025


             Dipakbhai Premabhai Patel & Anr.                                            …Petitioners

                   Versus

             Ms. Punya Salila Srivastava, IAS & Ors.                                     …Respondents

                                                     ----------
             Mr. Rahul Walia a/w Ms. Asmita Pendharkar for the Petitioners.
             Mr. Puneet Pathak (VC) for the Respondent Nos. 1 and 2.
             Mr. Harsh Dedhia for the Respondent No. 3.
                                                     ----------

                                       CORAM : R.I. CHAGLA J
                                               FARHAN P. DUBASH, J

                                       DATE                  :      6 August 2026

             ORDER :

SHARAYU
PANDURANG
KHOT


             1.          By this Contempt Petition, the Petitioners have sought
Digitally
signed by
SHARAYU
PANDURANG
KHOT
             prayers against the Respondents / Contemnors for having committed
Date:
2026.08.07
11:36:55
+0530


             contempt of this Court’s judgment and order dated 29th September

             2025 passed in Writ Petition No. 11565 of 2025.



                                                      Page 1 of 3
                                     -------------------------------------------------
                                          Order dated August 6, 2026
                                                                                11-CP-397-26.doc
                       Dipakbhai Premabhai Patel & Anr. v. Ms. Punya Salila Srivastava, IAS & Ors.




2.          Mr. Walia, the learned Counsel for the Petitioners, states

that the Respondents had filed a Special Leave Petition (SLP) before

the Supreme Court against the said judgment and order dated 29th

September 2025. The Supreme Court by its order dated 31st July

2026 had dismissed the SLP and made it clear that because the

Petitioners have already admitted the 2nd Respondent for the

M.B.B.S. course in the Petitioner No. 3-Namo Medical Education and

Research Institute, the view taken in the impugned judgment and

order shall not be treated as binding precedent on the point.



3.          Mr. Dedhia, the learned Counsel for the Respondent

No.3, states on instructions that the said judgment and order passed

by this Court in respect of which contempt has been alleged, has

been duly complied with by admitting Petitioner No. 2 under ST

quota in M.B.B.S. course in Respondent No. 3-Namo Medical

Education and Research Institute and fees have already been received

from the Petitioners. The statement is accepted.



4.          In view of the above statement and considering that the


                                         Page 2 of 3
                        -------------------------------------------------
                             Order dated August 6, 2026
                                                                                    11-CP-397-26.doc
                           Dipakbhai Premabhai Patel & Anr. v. Ms. Punya Salila Srivastava, IAS & Ors.




said judgment and order dated 29th September 2025 has been

complied with, we dispose of the present Contempt Petition.



5.              There shall be no order as to costs.




         [FARHAN P. DUBASH, J.]                                         [R.I. CHAGLA J.]


Sharayu Khot.




                                             Page 3 of 3
                            -------------------------------------------------
                                 Order dated August 6, 2026


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