Kafil Ahmed Vakil Ahmed Farooqui vs The State Of Maharashtra And ...
2022 Latest Caselaw 3598 Bom

                                       1                           23-WP-1367-21.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                        23 WRIT PETITION NO.1367 OF 2021

                  KAFIL AHMED VAKIL AHMED FAROOQUI
                                    VERSUS
                THE STATE OF MAHARASHTRA AND OTHERS
                                        ...
             Advocate for Petitioner : Mr. Chatainnya V Dharurkar
                 AGP for Respondent No. 1: Mr. S.G. Sangle
              Advocate for Respondent No. 2 : Mr. S.S. Thombre
                                       ...
                                   CORAM : RAVINDRA V. GHUGE AND
                                              S. G. DIGE, JJ.

                                   DATE    : 4th APRIL, 2022
PER COURT :-

1. This petition pertains to the elimination of the petitioner from the Select Merit List (Revised) for the Ph.D admission process-2018 for the subject "Urdu" in the faculty of Humanities.

2. He was at serial No. 10 in the PET examination / Scrutiny report for Ph.D admission process. The remarks column states whether the candidate has not attached PET marks memo.

3. The petitioner finds himself deleted from the list of candidates, who are held eligible to pursue Ph. D Course, by the Research Approval Committee (RAC) / Research and Recognition Committee (RRC).

4. It is necessary for us to know as to whether there was any specific student- Ph. D Course seat ratio available, by which, for one Ph.D Course seat, certain number of students were shortlisted, on the basis of the entrance examination result. We also need to know whether there was cut off percentage prescribed for the pre-Ph.D interviews vide which the RRC or RAC can eliminate a student-applicant. It should also be placed before us as to whether any marking pattern, by which the

2 23-WP-1367-21.odt

RAC/RRC can evaluate the students in the interview by considering their performance for the interviews and score in the entrance examination, was prescribed.

5. The petitioner relies upon the judgment delivered by the Delhi High Court in the matters of Students Federation of India and others Versus Union of India and others and Arun Krishnan and another Versus Union of India and others decided by the Division Bench of the said Court, which concluded therein that such RAC-RRC does not have the jurisdiction to eliminate the students.

6. Considering the above, we direct respondent Nos. 2 and 3 to produce before us all the documents pertaining to the Select Merit List (Revised) Page No. 58 of the petition paper-book.

7. Respondent No. 2 shall accordingly enter an affidavit-in-reply on the three aspects set out in paragraph no. 4 and also produce the entire record pertaining to RAC / RRC selection which led to the preparation of the Select Merit list.

8. Let such affidavit in reply be entered on or before 13 th April, 2022.

9. List this petition on 21st April, 2022 in the urgent admission category.

 ( S.G. DIGE )                               ( RAVINDRA V. GHUGE )
     JUDGE                                         JUDGE


mtk