Ahmad Irshad Kureshi vs The State Of Maharashtra Through ...
2021 Latest Caselaw 17062 Bom

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 8446 OF 2021

Ahmed Irshad Kureshi .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents

Mr. R. V. Bansode a/w. Ms. Sheetal M. Ubale for the Petitioner.
Ms. P J. Gavhane, AGP for Respondent Nos.1 & 2-State.

Mr. Sameer Khedekar for Respondent No.3.

Mr. Milind Deshmukh for Respondent Nos.6 & 7.

CORAM : R.D.DHANUKA &
R. N. LADDHA, JJ.
DATE : 8 DECEMBER, 2021.

ro

»C.:

1. Mr. Bansode, learned counsel for the petitioner seeks leave to

delete respondent nos.4 and 5.

2. Leave to amend is granted. Amendment to be carried out within

one week from today. Re-verification is dispensed with.

3. Rule. Rule made returnable forthwith.

4. Learned AGP waives service for respondent nos.1 and 2. Learned
counsel waives service for respondent nos.6 and 7. Learned counsel
waives service for respondent no.3. By consent, the writ petition is

heard finally.

5. By this petition filed under Article 226 of the Constitution of

India, the petitioner seeks an order and direction against respondent

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no.3 to approve the admission of the petitioner in OBC category for
MBA course w.e.f. academic year 2020-21 onwards until completion of
the same and for quashing and setting aside the impugned order dated
22.10.2021 passed by respondent no.3 thereby not approved the
admission of the petitioner in respondent no.7-college for the course of

MBA w.e.f. academic year 2020-21 and for other reliefs.

6. The petitioner had completed his graduation in B. Com. Faculty
by obtaining 45% marks in the Lal Bahadur Shastri College, Satara,
District Satara. The petitioner belongs to OBC and applied online for
admission for the MBA course under the said category. The petitioner
paid all the requisite fees to respondent no.7 for the said admission of
MBA first year course on 29.01.2021, 05.03.2021 and 08.09.2021. It
is the case of the petitioner that on 11.04.2021 the petitioner
specifically mentioned caste category OBC-Kasai (257) and have not
applied for admission in open category. On 25.06.2021 the respondent
conducted the first year MBA (CBCS) Semester-I examination and in
October, 2021 declared the petitioner as passed. After completion of
first and second semester of first year MBA, the petitioner was due for
admission in second year MBA in respondent no.7-college, however,
vide its letter dated 08.11.2021 informed the petitioner that the
admission of the petitioner for academic year 2020-21 in MBA first
stands cancelled by respondent no.3 vide order dated 22.10.2021.

Hence, the petitioner has filed this petition.

7. Learned counsel for the petitioner invited our attention to
certificate of validity attached to the petition and submits that the

petitioner belongs to OBC and applied for admission in first year under

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the said category. He submits that on 17.12.2020 before filing an
application for admission in the said MBA course, the petitioner had
applied for caste validity certificate to the District Caste Certificate
Scrutiny Committee. The said application, however, remained pending
before the said Committee. On 29.01.2021 the petitioner applied for
State Common Entrance Test Cell ID under OBC category. The
respondent no.7, however, for the reasons best known to them
confirmed the category of the petitioner as open. He submits that the
caste validity certificate came to be granted in favour of the petitioner
on 27.03.2021 certifying that the petitioner belongs to Kasai (316)

caste is found to be valid.

8. It is submitted by the learned counsel for the petitioner that the
petitioner submitted the copy of the said caste validity certificate to the
college immediately. The college in turn submitted the said certificate

to respondent no.3 on 01.04.2021.

9. It is submitted that by the time respondent no.3 rejected the
admission of the petitioner for the first year MBA course on the ground
that the petitioner was not eligible, the petitioner had already
completed two semesters. The petitioner had already submitted a copy

of the caste certificate along with application form.

10. Learned counsel for the petitioner placed reliance on the
judgment of this Court delivered on 25.11.2021 in the case of Aarti
Harish Bhandari Vs. Shree L. R. Tiwari College of Law & Ors. and
submits that similar facts are in this case and thus the Court be pleased
to declare the petitioner therein eligible and to direct the college to

permit the petitioner to appear for subsequent semester.

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11. Mr. Deshmukh, learned counsel for the management submits that
the petitioner submitted a copy of the caste validity certificate and the
same was forwarded to respondent no.3. Learned counsel for
respondent no.3, on the other hand, submits that the last date for filing
documents had expired long back and thus the petitioner who had not
produced the original caste validity certificate on the last date, the
impugned order w3as justified. Respondent no.3 could not have
granted admission to the first year MBA course since the petitioner has

not acquired the minimum 50% marks.

12. A perusal of the record clearly indicates that the petitioner had
applied for caste validity certificate on 17.12.2020 prior to the date of
filing application for Maharashtra State Common Entrance Test. In the
form submitted by the petitioner, the petitioner had applied for
admission under OBC category. The management however converted
the said form as an open category. The learned counsel for the
respondent no.3 does not dispute that the petitioner had already
obtained caste validity certificate on 27.03.2021. A perusal of the said
caste validity certificate indicates that the Caste Scrutiny Committee
had taken cognizance of the date of application made by the petitioner
on 16.12.2020 and found the caste claim valid. The caste validity
certificate would relate back to the date of application showing the

status of the petitioner as Kasai (316).

13. The petitioner had also relied upon a letter from State Common
Entrance Test Cell, Maharashtra State dated 20.01.2021 stating that
the students who have applied for caste validity certificate would be

allowed to take admission on submitting copy of the receipt applying

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for caste validity certificate. The petitioner, accordingly, had applied
for admission under OBC quota. On the date of filing such application
to the State Entrance Test Cell, the petitioner had also applied for caste
validity certificate. Respondent no.3, however, rejected the admission
of the first year MBA belatedly by the impugned letter dated
22.10.2021 though the petitioner had already cleared both the
semesters of MBA first year. Because of the delay on the part of
respondent no.3, the petitioner cannot be made to suffer The
petitioner has been already declared passed in two semesters. This
Court in the case of Aarti Harish Bhandari (supra) has considered
identical situation and held that the petitioner therein was already
allowed to appear for the CET examination and after passing the said
examination was granted admission by the respondent no.1-college.
The University after lapse of substantial period and that also more
particularly, when the petitioner had passed 4 semesters out of 6
semesters could not have declared the petitioner ineligible by placing
reliance on clause 0.5078. The petitioner was not at fault because of
non-communication on the part of the University belatedly or by not
considering the issue of eligibility at the threshold. This Court,
accordingly, directed the college to permit the petitioner to appear for
the remaining semesters and to declare the result of the petitioner

thereafter.

14. In view of this peculiar facts and circumstances, we pass the
following order:
ORDER

Gi) The impugned order dated 22.10.2021 passed by

respondent no.3 is quashed and set aside.

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(ii) Respondent No.3 is directed to grant approval to the admission of the petitioner in respondent no.7-college w.e.f. academic year 2020-21 within two weeks from today.

(iii) Respondent no.7 shall permit the petitioner to continue MBA course, second year for the academic year 2021-22 in OBC category and to allow the petitioner to appear for the said examination.

(iv) Respondent No.7 is directed to accept the form of the petitioner for second year of MBA course on payment of late fees.

The petitioner to pay such fees by tomorrow.

15. The petition is allowed in the above terms. Rule is made absolute.

No order as to costs.

16. Parties to act on an authenticated copy of this order.

[R. N. LADDHA, J.] [R. D. DHANUKA, J.] ARJUN MACHHINDRA KADAM

Digitally signed by ARJUN MACHHINDRA KADAM

Date: 2021.12.09 14:37:04 +0530