Bombay High Court
Kaustubh Sunil Dagdu vs The State Of Maharashtra And ... on 18 July, 2016
Bench: S.S. Shinde
3306.2016WP.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.3306 OF 2016
Kaustubh Sunil Dagdu,
Age: 18 Years, Occu. : Education,
R/o. Rangar Galli, Manwat,
Tq. Manwat, Dist. Parbhani. PETITIONER
VERSUS
1. The State of Maharashtra,
Through its Secretary,
Medical Education and Drugs Department,
Mantralaya, Mumbai
2. Maharashtra University of Health
Sciences, Dindori Road, Mhasrul,
Nashik, Tq. & Dist. Nashik,
Through its Registrar.
3. Yashwantrao Chavan Ayurvedic Medical
College, Nipani Bhalgaon,
Beed by-pass Road, Aurangabad,
Tq. & Dist. Aurangabad
Through its Principal RESPONDENTS
...
Mr.A.D.Shinde, Advocate for the petitioner
Mr.A.V.Deshmukh, AGP for Respondent - State
Mr.S.S.Gangakhedkar, Advocate for Respondent
No.2.
Mr.N.D.Sonawane, Advocate for Respondent No.3
...
CORAM: S.S.SHINDE &
SANGITRAO S.PATIL,JJ.
Reserved on : 08.07.2016
Pronounced on : 18.07.2016
3306.2016WP.odt
JUDGMENT: (Per S.S.Shinde, J.):
1. Heard.
2. Rule. Rule made returnable
forthwith, and heard finally with the consent
of the parties.
3.
This Petition takes exception to the
impugned communication dated 05.12.2015
issued by respondent no.2 - Maharashtra
University of Health Sciences, Nashik,
thereby rejecting the registration and
eligibility proposal of the petitioner for 1st
Year B.A.M.S. course on the ground of non-
submission of creamy layer certificate.
There are further prayers seeking directions
to respondent no.2 University to grant
approval to the proposal of the petitioner's
admission, issue eligibility without
insisting for submission of non-creamy layer
certificate and also to accept the
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examination form of the petitioner for 1st
Year of B.A.M.S. course.
4. It is the case of the petitioner
that he applied for admission to 1st Year
B.A.M.S. course in respondent no.3 College.
After going through the regular selection
process and also ASSOCET, the petitioner was
admitted to the B.A.M.S. course. He submitted
all the necessary documents along with his
admission form. He is prosecuting his studies
in 1st Year B.A.M.S. with respondent no.3
College.
5. It is further the case of the
petitioner that though his admission is from
N.R.I. quota, he was admitted from the
reserved category as he belongs to OBC
category. Respondent no.3 never asked for
the non-creamy layer certificate to the
petitioner as the petitioner paid full fees
and was not taking or intending to take any
3306.2016WP.odt
benefit meant for the candidates from OBC
category. He would continue to pay entire
fees and would not claim any benefit
available to the candidate from OBC category.
6. The learned counsel for the
petitioner submits that in similar fact-
situation in Writ Petition No.912/2012
(Sumedha Satish Deole Vs. Government of
Maharashtra and others), decided on
18.12.2012 (Bombay High Court Bench at
Nagpur), the petitioner therein was also
admitted from N.R.I. quota. She gave up
challenge to the Government Resolution and
Rules, which were raised in the Petition and
only claimed protection to her admission in
MBBS course. The High Court held that the
studies undertaken by the petitioner on the
basis of her claim of belonging to
'Mali' (Other Backward Class) shall stand
protected. However, the petitioner would not
be entitled to claim any benefits on the
3306.2016WP.odt
basis of belonging to Other Backward Class in
future. It is also observed that the
petitioner shall deposit the difference in
the fees that is already paid on the basis of
belonging to Other Backward Class and payable
as an open category candidate, to the
concerned College / University and further
the petitioner shall file an undertaking
before the High Court that neither herself
nor her any progeny shall claim any right on
the basis of her claim of belonging to Other
Backward Class. Therefore, the learned
counsel appearing for the petitioner submits
that the appropriate orders may be passed in
the facts of the present case and the
Petition may be allowed.
7. The learned counsel appearing for
respondent no.2 relying upon the averments in
the affidavit-in-reply submits that in fact,
as per the Association of Management of
Unaided Private Medical and Dental Colleges,
3306.2016WP.odt
Mumbai (AMUPMDC) Asso. CET information
brochure-2015 Annexure-B, para 6, candidates
belonging to Backward Class categories will
be required to submit the non-creamy layer
certificate. The candidates, who have claimed
the Constitutional Reservation in the
Original Application form, must submit non-
creamy layer certificate at the time of
filling the preference form, failing which
the category claim will not be granted. The
learned counsel also invites our attention to
the fact that as per the University Ordinance
No.02/2010 para 7, it shall be the
responsibility of the Dean / Principal /
Director and obligatory for the students, to
obtain the enrolment and eligibility, prior
to submission of examination form. He/she
shall not be allowed to appear for the
examination unless the eligibility is issued
to him/her by the University.
8. We have heard the learned counsel
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appearing for the parties. We have carefully
perused the pleadings in the Petition,
annexures thereto, reply filed by respondent
no.2, the copies of the documents placed on
record and in particular the order passed by
the Division Bench of the Bombay High Court
Bench at Nagpur in Writ Petition No.912/2012
(supra), we are of the opinion that the
similar relief as has been granted to the
petitioner in Writ Petition No.912/2012, can
be granted to the petitioner herein for the
following reasons. Admittedly, the
petitioner, though, belongs to OBC category
and applied from the said category for the
admission to B.A.M.S. course, as a matter of
fact he is admitted from N.R.I. quota.
According to the petitioner, he has already
deposited full fees and in future also, he
would continue to deposit the fees like the
candidate from an open category. The
petitioner is also ready to file an
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undertaking before this Court that
hereinafter neither the petitioner nor his
any progeny shall claim any right on the
basis of his claim of belonging to Other
Backward Class within a period of two weeks
from today. Though, the petitioner has taken
other grounds in the Petition during the
course of hearing, the learned counsel for
the petitioner has confined the prayer
seeking for similar relief like granted in
Writ Petition No.912/2012. In that view of
the matter, we pass the following order:
ORDER
i) The studies undertaken by the
petitioner on the basis of his claim of
belonging to Other Backward Class shall stand
protected. However, the petitioner
hereinafter would not be entitled to claim
any benefits on the basis of belonging to
Other Backward Class.
ii) The petitioner shall deposit the
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difference in the fees that is already paid
on the basis of belonging to Other Backward
Class and payable as a open category
candidate, if already not paid, to the
concerned College / University within a
period of three months from today.
iii)
The petitioner shall file an
undertaking before this Court that
hereinafter neither the petitioner nor his
any progeny shall claim any right on the
basis of his claim of belonging to Other
Backward Class. The undertaking shall be
submitted within a period of two weeks from
today.
iv) The rule is made absolute in the
above terms. The Writ Petition stands
disposed of accordingly.
Sd/- Sd/-
[SANGITRAO S.PATIL] [S.S.SHINDE]
JUDGE JUDGE
DDC
