Ganesh Dnyaneshwar Kute vs Vasantrao Naik Marathwada Krushi ...
2021 Latest Caselaw 14969 Bom

                                      1      917-WP.7281-20, oral jud.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     917 WRIT PETITION NO.7281 OF 2020

     Ganesh S/o Dnyaneshwar Kute,
     Age Major, Occu. Nil,
     R/o At Post Titavi, Tq. Lonar,
     District Buldhana 443302.                       ... Petitioner

                      Versus

     1.      Vasantrao Naik Marathwada Krushi
             University, Parbhani,
             Through its Registrar.

     2.      The Vice Chancellor,
             Vasantrao Naik Marathwada Krushi
             University, Parbhani,

     3.      The University Grant Commission, (U.G.C.)
             New Delhi.

     4.      Tahsildar, Lonar,
             Tq. Lonar, District Buldhana.           ... Respondents

                                      ...
                Advocate for Petitioner : Mr. M. M. Parghane.
             Advocate for Respondent Nos.1 & 2 : Mr. S. S. Bora.
              AGP for Respondent No.4-State : Mr. S. G. Sangle.
                                      ...
                               CORAM : RAVINDRA V. GHUGE, AND
                                       S. G. MEHARE, JJ.

DATE : 13.10.2021

ORAL JUDGMENT (Per Ravindra V. Ghuge, J.) :-

1. Rule. Rule made returnable forthwith and heard finally

by the consent of the parties.

2 917-WP.7281-20, oral jud.odt

2. The petitioner has put forth prayer clause "C" as under :

"C. By issuing the writ of mandamus or any other writ or direction in like nature, the respondent No.2 may kindly be directed to accept the xerox copy of Non-Cremilayer Certificate and affidavit of the petitioner."

3. We have perused the petition paper book with the

assistance of the learned advocates. The learned AGP has

placed before us a copy of the communication received by him

dated 07.10.2021 from the Sub Divisional Officer, Mehkar

along with a copy of the Caste Certificate (Part-A) and Non

Creamy Layer Certificate (Part-B) dated 15.03.2018. We have

taken the said documents on record which are marked as 'X'

collectively for identification.

4. At the very outset we reject prayer clause "C" to the

extent of directing respondent No.2 to accept the photostat

copy of the Non Creamy Layer Certificate and affidavit of the

petitioner.

5. The learned advocate representing respondent Nos.1 and

2 - University submits on instructions that the petitioner has

been short listed in pursuance of the advertisement dated

3 917-WP.7281-20, oral jud.odt

04.12.2014. He has applied for the post of Senior Clerk. The

documents verification exercise was performed on 12.10.2020

when the petitioner appeared and tendered a Non Creamy

Layer Certificate dated 31.03.2014. The same was

unacceptable as Sub Clause 5 of Clause 4 of the advertisement

mandated that the Non Creamy Layer Certificate should be

issued on 01.04.2014 or thereafter.

6. The learned advocate for the University has pointed out

all the allegations made by the petitioner against the

University. The learned advocate for the petitioner submits on

instructions that the petitioner is tendering an unconditional

apology and he is withdrawing his allegation that the

University misplaced his Non Creamy Layer Certificate which

he had purportedly submitted. All these allegations set out in

the pleadings in the petition shall stand deleted.

7. We appreciate the efforts taken by the learned AGP Mr.

Sangle, who has contacted respondent No.4 - Tahsildar, Lonar

and with utmost promptitude has produced a copy of the Non

Creamy Layer Certificate dated 15.03.2018 and which was

issued by the Office of the Sub Divisional Officer, Mehkar on

4 917-WP.7281-20, oral jud.odt

26.03.2018.

8. In view of the above, this petition is partly allowed with

the following directions :

(a) The University would place the Non Creamy Layer

Certificate dated 15.03.2018, which is page No.2 of

the compilation "X" in the file of the petitioner, who

is a candidate for the selection process.

(b) The petitioner shall approach the Sub Divisional

Officer, Mehkar by filing an application along with

the copy of this order, seeking a certified copy of the

caste certificate Part-A and Non Creamy Layer

Certificate Part-B dated 15.03.2018, issued on

26.03.2018. Such application shall be filed on or

before 20.10.2021.

(c) We call upon the Sub Divisional Officer, Mehkar to

issue a certified copy of the said certificate, as

expeditiously as possible and preferably, on or

before 22.10.2021, at 3.00 p.m. The petitioner

shall collect the certified copy of the said certificate

5 917-WP.7281-20, oral jud.odt

from the Office of the Sub Divisional Officer,

Mehkar at 3.00 p.m. on the said date.

(d) The petitioner shall submit the above stated

certified copy to respondent No.1 - Registrar,

Vasantrao Naik Marathwada Krushi University by

5.00 p.m. on 25.10.2021.

(e) Since the University has deferred the selection

process for quite some time due to the pendency of

this petition, though the documents verification

shall completed on 12.10.2021, we expect the

University to allow the petitioner to tender his

certificate by 25.10.2021 and thereafter proceed

with the selection process.

9. Rule made partly absolute, in the above terms.

(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)

...

vmk/-