Umashankar S/O Kashiram Daheriya vs Rashtrasant Tukadoji Maharaj ...
2023 Latest Caselaw 73 Bom

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               NAGPUR BENCH : NAGPUR

               WRIT PETITION NO.6181/2019

Umashankar S/o Kashiram Daheriya,
aged 26 Yrs., Occ. Student,
R/o Dhanushram Dehariya, Building
No.B-1, Flat No.T-3, Rashtrasant
Tukdoji Apartment, Zingabai Takli,
Nagpur 440 013.                                  ...    Petitioner
      - Versus -
1.   Rashtrasant Tukadoji Maharaj Nagpur
     University, Ravindranath Tagore Marg,
     Nagpur 440 001, through its Registrar.

2.   Laxminarayan Institute of Technology,
     Bharat Nagar, Amravati Road, Nagpur,
     through its Principal.                      ...   Respondents
            -----------------
Mr. S.R. Narnaware, Advocate for the Petitioner.
Mrs. M.S. Naik, Advocate for Respondent Nos.1 and 2.
           ----------------

CORAM : A.S. CHANDURKAR & URMILA JOSHI-PHALKE, JJ.

DATE : 3.1.2023

ORAL JUDGMENT (Per A.S. Chandurkar, J.)

Heard. Rule. Rule made returnable forthwith.

Heard finally by consent of learned counsel for the parties.

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2. The petitioner claiming to belong to the Scheduled

Caste category secured admission in the Bachelor of Technology

(Chemical Engineering) course in the year 2012. The admission

was taken on the strength of caste certificate dated 3.2.2006

issued by the Sub-Divisional Officer, Wani. Proposal dated

16.4.2014 was submitted for verification of his caste claim. The

Scrutiny Committee however refused to verify the caste claim of

the petitioner on the ground that he was not a resident of the

State of Maharashtra prior to 1950. This decision of the Scrutiny

Committee was challenged by the petitioner in Writ Petition

No.2959/2014. By the judgment dated 3.7.2015 the Division

Bench upheld the order passed by the Scrutiny Committee and

held that the petitioner was not entitled to seek benefits of

reservation in the State of Maharashtra.

3. Since the petitioner was pursuing his education and there

was a threat of discontinuation he had filed Writ Petition

No.3893/2015 in that regard. By order dated 30.8.2016 3 wp6181.2019

petitioner was granted liberty to seek a validity certificate from the

appropriate forum available in the State of Madhya Pradesh.

According to the petitioner, in the said State there is no procedure

for verification and the petitioner seek to rely upon a certificate

dated 27.7.2016 issued by the Sub-Divisional Officer therein. In

these facts, by the present writ petition, it is prayed that since the

petitioner has completed his education the respondents be

directed to release the petitioner's degree of the course of Bachelor

of Technology (Chemical Engineering) along with relevant

mark-sheets.

4. A statement is made on behalf of the petitioner, on

instructions, that petitioner is willing to pay the entire fees that

are required to be paid by a student taking admission in the said

course in the general category.

5. We have heard the learned counsel for the parties and we

have also perused the reply filed on behalf of respondents.

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6. We find that the petitioner having completed his education

in 2016 and he now being ready to pay the difference of fees from

what are liable to be paid by the candidate taking admission in the

general category, the course adopted by the Hon'ble Supreme

Court in the Special Leave Petition No.17179/2021 (Saurabh

V/s. State of Maharashtra and others) can be followed.

7. Accordingly, the following order is passed:-

(a) On the petitioner's paying the difference of tuition fees for

the entire course of Bachelor of Technology (Chemical

Engineering) by treating him to be a student admitted in the

general category, the respondent No.1 shall release the degree in

favour of the petitioner consequent upon successful completion of

course of Bachelor of Technology (Chemical Engineering). All

other documents in that regard shall also be released in favour of

the petitioner.

(b) Needless to state that these directions will operate only to

enable the petitioner to receive his degree certificate.

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8. With the above observations, writ petition is disposed of.

Rule made absolute in the above terms. No costs.

(URMILA JOSHI-PHALKE, J.) (A.S. CHANDURKAR, J.)

Tambaskar.

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Date:04.01.2023 10:01