Bombay High Court
Mrunalini Mahesh Rachcha And Others vs The State Of Mahrashtra And Others on 11 December, 2023
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12262 OF 2019
Mrunalini Mahesh Rachcha and others .. Petitioners
Versus
The State of Maharashtra and others .. Respondents
WITH
WRIT PETITION NO. 6059 OF 2020
Shreya Udhav Mule and others .. Petitioners
Versus
The State of Maharashtra and others .. Respondents
WITH
WRIT PETITION NO. 5536 OF 2021
Shivani Panjabrao Patil and another .. Petitioners
Versus
The State of Maharashtra and others .. Respondents
Mr. Rahul B. Temak, Advocate for the Petitioners.
Mr. G. A. Kulkarni, AGP for Respondent Nos. 1 to 3.
Mr. R. S. Devdhe, Advocate for Respondent No. 5.
CORAM : MANGESH S. PATIL &
NEERAJ P. DHOTE, JJ.
DATE : 11.12.2023.
PER COURT :-
. Heard both the sides.
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2. The petitioners in all these three petitions are claiming
entitlement to E.B.C. and free-ship fees for the B.D.S. course. All the
petitioners in Writ Petition No. 12262/2019 and petitioner No. 1 in
Writ Petition No. 6059/2020 have already completed the course. The
rest of the petitioners are still taking education in the respondent
institute.
3. The petitioners stand is to the effect that, they were admitted in
the respondent college for the B.D.S. course through the centralized
admission process only, even if some of them were admitted in a
vacancy round. It is now being agitated that the petitioners who have
already completed the course will be in need of the original documents
and the certificates for applying for the P. G. courses.
4. The learned A.G.P. and the learned advocate for the institute seek
time to file reply.
5. By the order dated 07.11.2023, we had expressed and indicated
that we would consider the petitioners' request for interim relief on
respondents failure to come out with the replies. It was being
submitted on behalf of the respondents that one matter in the case of
Snehal Devidas Pawar was decided relying upon the Full Bench
decision in the matter of Yash Pramesh Rana and others Vs. State of
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Maharashtra and another, reported in 2020 (3) Mh.L.J. 772. Since the
challenge to the Full Bench judgment in the matter of Yash Pramesh
Rana (supra) was dismissed, on 03.08.2021, the Supreme Court
disposed of the matter of Snehal Devidas Pawar. The liberty was
granted to the State to approach the High Court and to demonstrate
the distinguishing elements between the judgment in the matter of
Snehal Devidas Pawar and the decision of the Full Bench in the matter
of Yash Pramesh Rana (supra) .
6. Learned A.G.P. submits that, still the matter is under
consideration of the State.
7. Taking into account the fact that, the institute will not have any
lien over the original documents and the certificates of the petitioners
who have completed the entire course, irrespective of their entitlement
to have the benefit of E.B.C. scholarship or free-ship as per the policy of
the State, the institute cannot be permitted to withhold the documents.
Allowing it to do so would cause a serious prejudice to the petitioners
inasmuch as they would not be able to apply and participate in the P. G.
admission process. A care can be taken, simultaneously, of soliciting an
undertaking to be submitted to this Court that, in case, so ordered in
future, petitioners would reimburse the entire fees to the institute.
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8. By way of interim relief, we direct the respondent-institute to
return all the original documents and necessary certificates to the
petitioners who have already completed the course, on their submitting
specific undertaking before this Court, individually, in the
aforementioned terms within two (02) weeks from today. We adjourn
the matter to 15.01.2024.
( NEERAJ P. DHOTE, J.) ( MANGESH S. PATIL, J. )
P.S.B.
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