Bombay High Court
Anand Mohanrao Mahajan vs The State Of Maharashtra Through Its ... on 1 April, 2025
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2025:BHC-AUG:9804-DB
WP 757 25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 757 OF 2025
Anand s/o Mohanrao Mahajan,
Age 41 years, Occ. Business,
R/o. 97-B, Dnyaneshwar Nagar, Parbhani. ... Petitioner
VERSUS
1) The State of Maharashtra,
Through its Secretary
Department of Higher Education,
Mantralaya, Mumbai.
2) The Vice Chancellor,
Swami Ramanand Teerth Marathwada
University, Vishnupuri, Nanded.
3) The Deputy Registrar (P.G. Section)
Swami Ramanand Teerth Marathwada
University, Vishnupuri, Nanded. ... Respondents
...
Advocate for Petitioner : Mr. Akshaykumar J. Mete
A.G.P. for Respondent No.1 : Mr. Amar V. Lavte
Advocate for Respondent nos. 2 and 3 : Mr. Uday S. Malte
CORAM : MANGESH S. PATIL &
Y. G. KHOBRAGADE, JJ.
DATE : 01.04.2025
JUDGMENT :
( MANGESH S. PATIL, J.)
Heard the learned advocate for the petitioner, learned A.G.P. for
respondent no. 1 and learned advocate Mr. Malte for respondent nos. 2
and 3.
2. Rule. Rule is made returnable forthwith. The learned A.G.P. and the
learned advocate Mr. Malte waive service for the respondents. At the joint
WP 757 25.odt
request of the parties, the matter is heard finally at the stage of admission.
3. The petitioner, who is aspiring to have Ph.D. having obtained B.
Pharmacy degree from the respondent-University, has been seeking
exemption from appearing at the Ph.D. Entrance Test (PET-2024). His
grievance is that in spite of being eligible and entitled to seek exemption,
the online process undertaken by respondent-University for registration for
PET-2024 mandatorily required him to fill in the specific post-graduation
qualification, for want of which he was unable to complete the registration
and his request/grievance was not considered promptly by the respondent-
University.
4. The learned advocate Mr. Mete submits that as per the National
Higher Education Qualification Framework (NHEQF) of the UGC, pursuant
to Clause 4.2, a Bachelor's degree (Honours/Honours with Research)
includes inter alia bachelor of the requisite discipline with Honours/
Honours with Research and also Bachelor of Pharmacy (B.Pharm-4years
(8 semesters). He submits that even according to UGC notification dated
07.11.2022, Minimum Standards and Procedures for Award of Ph.D. Degree
Regulations, 2022, in clause 3, a candidate who has scored minimum of
75% of marks in aggregate or its equivalent grade after a 4 year/8 semesters
bachelor's degree is eligible to seek admission to the Ph.D. programme. He,
therefore, submits that in spite of the petitioner having the requisite
qualification and eligible to seek exemption from appearing at PET-2024,
due to faulty programme for submission of online applications seeking
exemption, prevented the candidates like the petitioner who do not possess
a post graduate degree but otherwise are eligible to seek exemption, have
been illegally prevented from registration. He is now soliciting a writ of
mandamus directing the respondent-University to allow him to submit his
application else the petitioner would lose precious one year.
5. Per contra, the learned advocate Mr. Malte by referring to the affidavit
WP 757 25.odt
in reply would submit that the petitioner possesses a Bachelor of Pharmacy
degree awarded in the year 2005 and his such qualification is not a bachelor
degree with research (Honours by Research) and therefore he is not eligible
under sub clause (iii) of Clause 2.1 of the E-prospectus. This degree has
been included pursuant to the National Education Policy of 2020 only
recently and not when the petitioner acquired B. Pharmacy. He would
submit that the University, pursuant to the National Education Policy of
2020 started the Bachelor's Degree Course in Pharmacy with Honours by
Research for the first time in the year 2021-2022 and the first batch actually
getting the degree would be after completion of academic year 2024-2025.
He would, therefore,submit that the petitioner being not eligible to seek
exemption cannot be heard attributing his failure to complete the process of
online registration.
6. Mr. Malte would further submit that the last date for completion of
registration is long over in the month of August 2024 and the petition
suffers from delay and laches having been filed on 09.01.2025.
7. We have considered the rival submissions and perused the papers.
There is no dispute about the fact that the petitioner acquired B. Pharmacy
degree in the year 2005. There is no dispute about the fact that pursuant
the UGC guidelines and the information brochure, some candidates were
exempted from appearing at PET-2024 and they were supposed to claim
such exemption by registering through the same portal in the specific
caption provided therefor. There is no dispute that such exemptions would
include candidates having requisite graduation degree in Honours with
Research, of 4 years (8 semester course).
8. As can be gathered, the issue revolves around the fact as to whether
the petitioner's B. Pharmacy degree, which he acquired in the year 2005 was
Honours with Research.
9. Though the petitioner has submitted the degree certificate, it does not
WP 757 25.odt
expressly indicate that it is 'Honours with Research'. A specific stand in the
affidavit in reply mentioning that the degree possessed by the petitioner is
not with Honours with Research has not been controverted by filing any
rejoinder. There is nothing on the record to independently demonstrate that
his degree is Honours with Research. The whole thrust of the learned
advocate for the petitioner is to demonstrate as to how the petitioner is a
meritorious candidate and is even eligible to go for Ph.D. In the absence of
anything on the record to demonstrate and classify his B. Pharmacy degree
as a B. Pharmacy (Honours with Research), we have no manner of doubt
that he is not eligible to seek exemption. Consequently, he cannot be heard
in the matter of his failure to register for PET-2024.
10. The learned advocate for the petitioner endeavoured to demonstrate
as to how the petitioner has lost a precious year due to failure of the
respondents to recognize his B. Pharmacy degree as B. Pharmacy (Honours
with Research). This presupposes that the petitioner demonstrates that the
degree acquired by him in the year 2005 was of this category. The attempt
of the petitioner to demonstrate by referring to the NHEQF of May 2023
expressly providing in Clause No. 4.2 and laying down the qualifications and
qualification title/nomenclature, includes Bachelor's Degree (Honours/
Honours with Research) as equivalent to inter alia Bachelor of Pharmacy (B.
Pharm-Four years (eight semesters), can be responded only by pointing out
that the petitioner has not chosen to take exception to the E-prospectus
Clause No. 2.1 (iii). In the absence of any challenge to this clause as being
not compatible with UGC guidelines, when there is nothing to demonstrate
that the petitioner possesses B.Pharmacy (Honours or Honours by Research)
he cannot be heard to say that this stipulation in the prospectus of PET-2024
being incompatible with the UGC guidelines. No such declaration has been
sought, apart from the fact that it was not challenged before responding to
the registration process.
11. As regards the grievance of the petitioner as submitted by his learned
WP 757 25.odt
advocate about petitioner having lost one precious year, we are afraid, the
petitioner is being emotional rather than having sound ground to question
the process. Admittedly, this exercise of registration had happened in the
month of August 2024 and in spite of being unable to register, he chose to
prefer this writ petition in the month of January 2025. This would be an
additional ground, which prevents us from exercising the extraordinary
power under Article 226 of the Constitution of India.
12. Faced with the situation, the learned advocate for the petitioner
would also submit that for some candidates, who were not eligible, time has
been extended permitting them to produce the original documents, by
referring to the circular issued by the University dated 27.03.2025, copy of
which he places on record. A careful perusal of this circular would reveal
that several grievances were made by the candidates and shortfalls could be
complied with between 27.03.2025 and 01.04.2025. They have been
permitted to tender hard copies of the applications, final year mark-sheet of
the post graduation course and the caste certificates/validity certificates. In
our considered view, this indulgence granted by the University to fulfill the
shortcomings, cannot be taken advantage of by the petitioner when he has
failed to register himself and is apparently not possessing the requisite
qualification for seeking exemption.
13. It is pertinent to note that the prospectus itself had put the candidates
to caution, particularly in respect of the candidates, whose claims for
exemption are doubtful, expressly mentioning that they could
simultaneously seek exemption and also could apply for registration without
exemption. The petitioner could have but has chosen not to apply for
registration for appearing at PET-2024.
14. Be that as it may, once having concluded that the petitioner has failed
to demonstrate his eligibility to seek exemption, the logical consequence is
to dismiss the petition.
WP 757 25.odt
15. The writ petition is dismissed.
16. Rule is discharged.
( Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.)
mkd/-
