Swapnil Mukund Agrawal vs Gondwana University, Gadchiroli, Thr. ...
2023 Latest Caselaw 13240 Bom

Bombay High Court

Swapnil Mukund Agrawal vs Gondwana University, Gadchiroli, Thr. ... on 21 December, 2023

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

2023:BHC-NAG:17511-DB
                                                   1                       WP-7886-2023.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                NAGPUR BENCH, NAGPUR
                                      Writ Petition No.7886 of 2023
            Swapnil Mukund Agrawal,
            Aged 39 years,
            Occupation - Chartered Account,
            R/o 201, Krishnakunj Apartments,
            Plot No.10-C, Nawab Layout,
            Tilak Nagar, Nagpur-440010.                                ... Petitioner


                   Versus


            Gondwana University,
            Gadchiroli, through its Registrar,
            Complex Campus, M.I.D.C. Road,
            Gadchiroli, Dist. Gadchiroli-442605.                       ... Respondent


            Shri B.G. Kulkarni, Counsel for Petitioner.
            Shri S.S. Ghate, Counsel for Respondent.

                 CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.
                 DATE  : 21st DECEMBER, 2023.

            ORAL JUDGMENT (PER NITIN W. SAMBRE, J.) :

1. Rule. Rule made returnable forthwith.

2. We have heard Shri B.G. Kulkarni, learned counsel for the petitioner, and

Shri S.S. Ghate, learned counsel, to whom we have directed to waive notice on

behalf of the respondent-University.

3. The challenge in this petition is to the communication dated 10-3-2023,

wherein the petitioner, who is already holding the qualification of Chartered 2 WP-7886-2023.odt

Accountant, has been informed that he has not secured the minimum 55% marks

at the post-graduate level.

3. Shri Kulkarni, learned counsel for the petitioner, would invite our attention

to the documents, i.e. the certificate of final examination issued by the Institute

of Chartered Accounts of India, the certificate of membership, etc. According to

him, the said documents are considered by the respondent-University and the

weightage is not given to the petitioner in the backdrop of the Ph.D. Ordinance

framed by the University. The fact remains that the impugned communication

only speaks of the rejection of the prayer of the petitioner on the ground that the

petitioner has secured less than 55% marks at the post-graduate level. The legal

basis on which the petitioner is seeking registration for the Ph.D. is that of the

fellow member of the Institute of Chartered Accountants.

4. In the aforesaid background, we are of the view that the respondent-

University ought to have considered the candidature of the petitioner from the

said category, i.e. the fellow member of the Institute of Chartered Accountants

having professional experience of five years to which we do not find any

reference in the impugned order.

5. As such, we deem it appropriate to partly allow the present petition by

quashing the impugned communication dated 10-3-2023 with a direction to the

respondent-University to consider the candidature of the petitioner based on the

last category of Clause 5 of Ordinance No.55 of 2017. We expect the

respondent-University to pass a reasoned order in the event the application of 3 WP-7886-2023.odt

the petitioner for registration for Ph.D. is not to be granted. The entire exercise

be completed by the respondent-University within a period of three months from

the date of production of the copy of this judgment.

6. Rule is made absolute in the aforesaid terms. No costs.

                                     (ABHAY J. MANTRI, J.)                        (NITIN W. SAMBRE, J.)

                      LANJEWAR




Signed by: Prashant D. Lanjewar
Designation: Senior Pvt. Secretary
Date: 21/12/2023 18:11:51