Bombay High Court
Mr. Jeetendra Suresh Gupta vs The Vice Chancellor, Maharashtra ... on 13 September, 2024
Author: A. S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-AS:37042-DB
17-WP-1221-14judgment.doc Rameshwar Dilwale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1221 OF 2014
Mr. Jeetendra Suresh Gupta }
RAMESHWAR Aged about 27 years, }
LAXMAN Shri Ram Nagar, Section -29, }
DILWALE
Opp. Khandesh Petpedi, }
Ulhasnagar, 421 004. } .. Petitioner
Digitally signed
by RAMESHWAR Versus
LAXMAN
DILWALE
Date: 2024.09.18 1. The Vice Chancellor }
19:45:30 +0530
Maharashtra University of Health }
Sciences, Mhasrul, Vani-Dindori Road, }
Nashik-422 004. }
2. The Registrar, }
Maharashtra University of Health Sciences }
Mhasrul, Vani-Dindori Road, }
Nashik-422 004. }
3. Dr. Mrs. P. Vibhute }
M. D. (Homoeo), Principal }
Anantrao Kanase Homeopathic Medical }
College, Alephata Tal-Junnar Dist-Pune }
Pune-412 411. }
4. The State of Maharashtra } .. Respondents
...
Mr. Chetan Alai with Ms. Rama Somani, Mr. Bhushan Bhadgale,
Advocates for petitioner.
Adv. R. V. Govilkar, Senior Advocate with Ms. Shaba N. Khan i/by
Mr. Mihir Govilkar, Advocates for respondent nos.1 and 2 (MUHS).
Mr. U. B. Nighot, Advocate for respondent no.3.
Mr. N. K. Rajpurohit, AGP for the respondent no.4-State.
...
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 13th SEPTEMBER, 2024.
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17-WP-1221-14judgment.doc Rameshwar Dilwale
ORAL JUDGMENT :( A. S. CHANDURKAR, J)
1. Rule. Rule is made returnable forthwith and heard learned
counsel for the parties. The petitioner with a view to pursue
education at the BHMS course submitted his application form
after appearing for the MH-CET examination in June 2004. It is
his case that he secured admission at the Homeopathic Medical
College-third respondent in the management quota. He
accordingly paid the requisite fees and pursued his education.
Since the petitioner had then claimed of belonging to Teli
Community-Other Backward Class he was required to produce his
validity certificate. By an order dated 22/09/2006 passed by the
Scrutiny Committee, his caste certificate dated 06/06/2003 came
to be cancelled. The petitioner approached to this Court by filing
Writ Petition No.7274 of 2006. On 15/10/2007 though the order
of the scrutiny Committee was upheld, liberty was granted to the
petitioner to obtain a validity certificate from the State of his
origin. On completion of his BHMS course, the petitioner sought
his Internship Completion Certificate as well as Registration
Certificate. Since the same was not granted by the Maharashtra
University of Health Sciences-first and second respondents, he
has approached this Court.
17-WP-1221-14judgment.doc Rameshwar Dilwale
2. We have heard the learned counsel for the parties and we have
perused the documents on record. Since it was a specific case of
the petitioner that he had sought admission from the Management
Quota, on 27/06/2024 the following order was passed:-
[
1. The Petitioner seeks issuance of Internship
Completion Certificate as well as the Registration
Certificate from the Respondent Nos.1 and 2. It is the
case of the Petitioner that though he possessed a Caste
Certificate indicating that he belongs to the Other
Backward Class, he secured admission at the
Respondent No.3 - College in the Management Quota.
Having completed BHMS Course, he has not been
issued the Internship Completion Certificate and
Registration Certificate. According to learned counsel
for the Petitioner, though his Caste Certificate was
invalidated and he was granted liberty to apply for
fresh Caste Certificate in the State of Uttar Pradesh,
that aspect would not be very material for the reason
that the Petitioner was admitted under the
Management Quota.
2. Learned counsel appearing for Respondent Nos.
1 and 2 is granted time to obtain necessary
instructions in this regard. A statement shall be made
whether the Petitioner pursued the said course under
the Management Quota, especially, in view of the fact
that the Petitioner's examination form indicates so at
page No.51 of the Writ Petition.
17-WP-1221-14judgment.doc Rameshwar Dilwale
3. List under the caption "For Directions" on 11"
July, 2024.
3. Accordingly, the third respondent-College has filed its
affidavit and in paragraph 1 it has been stated as under:
"1. I say that, the Petitioner Mr. Jitendra Suresh Gupta was
admitted, as student in our college viz. Anantrao Kanse
Homeopathic Medical College and Hospital, Alephata for
BHMS degree course of 4 and ½ years in the academic year
2004-2005 as per his application dated 29 th June, 2004
under management quota."
4. In view of the aforesaid, it is clear that the petitioner
pursued his BHMS course as per his application dated
29/02/2004 from the academic year 2004-2005. It appears that
since the claim of belonging to the OBC category was made, that
fact was also noted in the College records. Be that as it may, since
the position in this regard is now clear and the College has also
certified the same which is clear from the communication dated
01/10/2012 (page 50 of the writ petition), we do not find any
impediment in granting the prayers made in the writ petition.
Accordingly, for aforesaid reasons, the writ petition is allowed in
terms of prayer clause (a) which reads as under:-
"a. this Hon'ble Court may be pleased to issue Writ of
certiorari and/or any other Writ/Order and/or direction in the
17-WP-1221-14judgment.doc Rameshwar Dilwale
nature of certiorari thereby directing the Respondent No.1
and 2 to issue Internship Completion Certificate and also
Registration Certificate to the Petitioner."
5. The needful be done by the respondent no.2 within a period
of four weeks of receiving copy of this judgment. Rule is made
absolute in aforesaid terms with no order as to costs.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
