Hrishikesh Dilip Mohite vs K J Somaiya College And 2 Ors
2022 Latest Caselaw 12863 Bom

                                                                      Wpl-34405/22.



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

                  WRIT PETITION (L) NO.34405 OF 2022
                                  WITH
                       IPA (L) NO. 35646 OF 2022
                                    IN
                  WRIT PETITION (L) NO.34405 OF 2022

Hrishikesh Dilip Mohite                                   ...Petitioner.
       Versus
K J. Somaiya College & Ors.                          ..Respondents.

                            ------------
Ms. Shivani Kunder for the Petitioner.
Mr. Lancy D'Souza with Ms. Deepika Agarwal i/b V. M. Parkar for
Respondent No.1-State.
Ms. P. H. Kantharia, Government Pleader with Mrs. Jyoti Chavan, AGP
for the Respondent -State.
Mr. Sameer Khedekar for Respondent No.4.
                            ------------

                           CORAM : NITIN W. SAMBRE &
                                   SHARMILA U. DESHMUKH, JJ.

                           Date          : December 12, 2022.

P. C. :

1. Against institutional quota, the petitioner's candidature was

sponsored with Respondent No.1-college. As a sequel, vide the

order dated 4th November 2022, this Court has recorded the

undertaking of Petitioner that he is willing to bear the entire fees

as is charged by Respondent No.1-college under the institutional

quota, being Rs.40.10 lakh per annum. In addition, he has given an

undertaking to secure the interest of Respondent No.1-college for

Patil_sr Digitally signed by SACHIN 1/ 4 SACHIN RAMCHANDRA RAMCHANDRA PATIL PATIL Date:

2022.12.15 12:09:06 +0530 Wpl-34405/22.

the next five years' fees, which comes to Rs.2.50 crore. The

aforesaid condition, perhaps was incorporated by this Court in its

order dated 4th November 2022 keeping in mind the financial losses

that would be suffered by Respondent-management in case, after

one year, the Petitioner backs out from the medical stream, as the

said seat will go waste for entire course thereby causing financial

loss to Respondent no.1-college.

2. At this stage, this Court having regard to the provisions of

the admission rules, particularly one which is available on the

website of Respondent No.1-college, has noted that the Petitioner

is liable to deposit the amount of Rs.40.10 lakh for each academic

year. The counsel for Petitioner has claimed that the Petitioner can

avail the benefit under Rule-20, i.e., by applying for free-ship and

scholarship against his admission in N.T. category. In institutional

quota, in view of the judgment of the Apex Court in the matter of

P. N. Inamdar & Ors. v. State of Maharashtra & Ors, [(2005)6 SCC

537], particularly paragraph Nos.127 and 129, it is quite apparent

that the constitutional reservations are not available against the

institutional quota. Rather paragraph 131 of the said judgment

provides that Respondent No.1-Institution which are unaided, are

required to survive on the fees which they shall be receiving for

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meeting their financial liabilities in managing the affairs of the

institutions.

3. In the aforesaid background, and having regard to the

similar stand of State Government, it cannot be said that the

Petitioner is entitled for the benefit of free-ship and scholarship

4. As such we expected the Petitioner to deposit the amount

of Rs.40.10 lakh as has been stated by him before this Court while

passing the order dated 4th November 2022. Similarly, we were

expecting the Petitioner to justify before this Court as to the

manner in which the financial interest of Respondent no.1-

Institution he intends to secure.

5. The counsel for Petitioner, on instructions from the

Petitioner and his father, who are present in the Court, states that

the Petitioners are trying their level best to secure the initial

amount of Rs.40.10 lakh towards the fees payable for the first

academic year. According to her, the Petitioners are willing to

deposit the said amount of Rs.40.10 lakh with Respondent no.1-

college, in any case by Monday, i.e., 19 th December 2022. The

aforesaid time limit is to be adhered to, having regard to the fact

that the mop-up round is already informed to be scheduled.

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                                                             Wpl-34405/22.

Otherwise, if the Petitioner fails to deposit the fees, the seat is

likely to go waste.

6. As such we expect that the Petitioner will deposit the fees

of Rs.40.10 lakh by Monday, the 19 th December 2022 with

Respondent No.1 in any case by 10.30 a.m.. We keep this matter

for reporting compliance at 2.30 p.m. on 19th December 2022.

7. On the same day, we also expect from the Petitioner an

affidavit as to the manner and mode in which he intends to secure

the interest of Respondent No.1-institution as regards his liability

for the balance amount out of Rs.2.40 crore. Let the affidavit be

placed on record by 17th December 2022.

[Sharmila U. Deshmukh, J.]                      [Nitin W. Sambre, J.]




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