Bombay High Court
SAPANA SANTOSH JADHAVversusSTATE OF MAHARASHTRA THROU. ITS PRINCIPAL SEC. HIGHER AND TECHNICAL EDUCATION AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the writ petition shall be treated as an appeal under Section 30 of the Maharashtra Paramedical Council Act, 2011 and the delay in filing shall not be taken into consideration.
Summary
Sapana Santosh Jadhav filed a writ petition seeking a direction to the Maharashtra Paramedical Council (PMC) to issue a certificate as a registered paramedical practitioner and to set aside a rejection communication dated 28 August 2024. The petitioner argued that the State Government could not condone the delay in filing an appeal under Section 30 of the Maharashtra Paramedical Council Act, 2011, which requires filing within 90 days of rejection. The Court observed that the Act provides a specific appeal mechanism and that an alternative remedy exists, rendering the petition suitable to be treated as an appeal. It held that the State Government lacks authority to condone the delay and directed that the writ petition be considered as an appeal, with the delay ignored. The Court ordered the appeal to be decided on its merits within four weeks, by 29 September 2026, and disposed of the writ petition without costs.
Issues considered
- Whether a writ petition can be treated as an appeal under Section 30 of the Maharashtra Paramedical Council Act, 2011 despite procedural delay
- Whether the State Government has power to condone delay in filing the appeal beyond the prescribed 90 days
- Whether the petitioner is entitled to a certificate as a registered paramedical practitioner after the earlier rejection
Subjects
- paramedical practitioner
- enrollment
- appeal
- delay condonation
- certificate
- writ petition
- Maharashtra Paramedical Council Act
Judgment
32 wp2498-26.doc
Digitally
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
signed by
TRUSHA CIVIL APPELLATE JURISDICTION
TRUSHA TUSHAR
TUSHAR MOHITE
MOHITE Date:
2026.09.01
15:31:54
+0530 WRIT PETITION NO.2498 OF 2026
Sapana Santosh Jadhav .. Petitioner
Versus
State of Maharashtra and Ors. .. Respondents
Ms.Kalyani Mangave a/w Mr.Ganesh Pandit, Advocate for the
Petitioner.
Mr.P.P.Kakade, Addl. G.P. a/w Mrs.P.B.Chavan, A.G.P. for the
Respondent State.
Mr.Sagar Talekar, Advocate for the Respondent No.3.
Mr.Rajendra Anbhule, Advocate for the Respondent No.6.
Mr.Sachin Gite a/w Mr.Sarfaraj Shaikh, Advocate for the Respondent
No.7.
CORAM: R. I. CHAGLA &
FIRDOSH P. POONIWALLA, JJ.
DATE: AUGUST 31, 2026
P. C.
1. The Petitioner has sought a direction to Respondent No.3/PMC
to issue a Certificate as “registered paramedical practitioner” to the Petitioner
and a consequential prayer for quashing and setting aside the impugned
communication dated 28th August 2024 passed by Respondent No.3 PMC.
Mohite 1/3
32 wp2498-26.doc
2. The learned counsel for Respondent No.3 PMC has brought to
the Court’s notice that there is an Appeal provision under Section 30 of the
Maharashtra Paramedical Council Act, 2011 (Maharashtra Act VI of 2016.
The said Appeal is provided from a decision rejecting an Application for
enrollment in the State Register.
3. Considering the prayer in the Petition, it is clear that in respect
of the decision taken in this case by Respondent No.3 PMC on 28 th August
2024, an alternate efficacious remedy has been provided under the said Act.
4. The learned counsel for the Petitioner submitted that the State
Government has no power to condone the delay in filing the Appeal, which is
to be filed within a period of 90 days from the date of rejection of the
Petitioner’s Application for enrollment in the State Register.
5. Having considered the submission, we direct the State
Government to consider this Writ Petition, along with Affidavits filed therein,
as an Appeal. In view of this Order, the delay in preferring the Appeal under
Section 30 shall not be taken into consideration, and the decision under
Section 30 of the said Act shall be taken on merits, in accordance with law,
within a period of four weeks from today viz. on or before 29th September
2026.
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32 wp2498-26.doc
6. Writ Petition is accordingly disposed of.
7. No order as to costs.
[FIRDOSH P. POONIWALLA, J.] [R. I. CHAGLA, J.]
Mohite 3/3
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