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Bombay High Court
Yash Pramod Gaikwad vs The State Of Maharashtra Thru. The ... on 6 April, 2026
Author: R.I. Chagla
Bench: R.I. Chagla
4&5-WPL-11933&11936-26.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 11933 OF 2026
Vishad Vivek Kumar Gupta & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
AND
WRIT PETITION (L) NO. 11936 OF 2026
Yash Pramod Gaikwad ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
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Mr. Arvind Tiwari a/w Dr. Roshan Wagh for the Petitioners in Writ
Petition (L) No. 11933 of 2026.
Mr. Atal Bihari Dubey a/w Ms. Zohra K and Mr. Aneel Upadhyay for
the Petitioners in Writ Petition (L) No. 11936 of 2026.
Mr. Prashant Kamble, AGP for the Respondent No. 1 - State in Writ
Petition (L) No. 11933 of 2026.
SHARAYU
PANDURANG
KHOT Mr. Nishigandh Patil, AGP for the Respondent No. 1 - State in Writ
Petition (L) No. 11936 of 2026.
Digitally
signed by
SHARAYU
PANDURANG
Mr. Rui Rodrigues for Respondent Nos. 2 and 4.
KHOT
Date:
2026.04.06
14:50:19
+0530
Ms. Mayuri Andhale a/w Ms. Bharti Gerella i/by Mr. Sameer
Khedekar for the Respondent No. 3 (CET Cell).
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4&5-WPL-11933&11936-26.doc
CORAM : R.I. CHAGLA J
ADVAIT M. SETHNA, J
DATE : 6 April 2026
ORDER :
1. By these Writ Petitions, the Petitioners have sought
similar relief namely, impugning communication dated 27th March
2026 issued by Respondent No. 2 cancelling the Petitioners'
admission and seeking quashing and setting aside of the same.
2. The urgency for moving these Writ Petitions is that the
Petitioners are scheduled to appear for their Semester IV
examination, i.e. last Semester examination scheduled to commence
from today.
3. The Petitioners had been admitted to the Respondent No.
2 - Institute in the year 2024. During the Petitioners' admission, a
Notice dated 24th October 2024 had been issued by the Respondent
No. 2-Institute with regard to certain documents, which were
required to be submitted and submission date mentioned as 4th
January 2025. In the said Notice, the name of Petitioner No. 1 (in
Writ Petition (L) No. 11933 of 2026) had not been mentioned. The
4&5-WPL-11933&11936-26.doc
2nd Petitioner's name has been mentioned and against whom the
Migration documents were stated as pending. Whereas the name of
the Petitioner (in Writ Petition (L) No. 11936 of 2026) had been
mentioned and against whom the documents viz. Migration and
Mark-sheet and Degree Verification Report were stated as pending.
Thereafter, the Petitioners submitted the requisite documents and
thereupon they were allowed to appear for the Semester I
examination, which commenced from 20th January 2025.
4. The Petitioners have been appearing for their Semester
examinations and only the last Semester examination remains.
5. By the impugned communication dated 27th March
2026, which is addressed to the Petitioners, the Respondent No. 2 -
Institute has stated that the Institute has received a complaint
regarding the alleged documents' falsification and irregularities in the
documents submitted by the Petitioners to the Respondent No. 2 -
Institute towards admission to the MMS Two Year Full-Time Decree
program for the academic year 2024-2025 in the Supernumerary
quota under CIWGC category. It is stated that the documents, which
had been submitted at the time of admission and after being
4&5-WPL-11933&11936-26.doc
admitted, are found to differ during the investigation. It is further
alleged that the verification reveals that the documents presented at
the time of admission are fraudulent.
6. The impugned communication further informs the
Petitioners that their admission to the Respondent No. 2 - Institute
ends on the date of the impugned communication and they have
been directed to hand over their Identity Cards at the office
immediately. The placement that was made possible by the
Petitioners' admission to the Respondent No. 2 - Institute has also
been cancelled and the relevant firm has been notified. Further, the
Respondent No. 2 - Institute has stated that they continue to hold the
Petitioners' documents for additional examination till further notice.
7. We have heard the learned Counsel for the parties for ad-
interim relief.
8. Mr. Rui Rodrigues, the learned Counsel for the
Respondent Nos. 2 -Institute has referred to the External and Internal
Committee Report pursuant to the complaint regarding alleged
documents' falsification and irregularities in the documents. He has
4&5-WPL-11933&11936-26.doc
submitted that from the said Report, it is clear that false Mark-sheets
had been submitted by the Petitioners for securing admission to the
Respondent No. 2 - Institute. He has submitted that based on these
false Mark-sheets, which have come to light, by virtue of said
complaint, the Petitioners were not eligible to secure admission in
the Respondent No. 2 - Institute and accordingly, their admission in
the Respondent No. 2 - Institute has been cancelled by the impugned
communication.
9. The learned Counsel appearing for the respective
Petitioners, have stated that the admission of the Petitioners in the
Respondent No. 2 - Institute had been secured way back in the year
2024, upon submission of relevant documents and due verification
thereof, having twice been carried out i.e. verification and re-
verification. They have submitted that the Petitioners have completed
all Semesters, but the last one, i.e. IVth Semester and at this stage,
their admissions ought not to be cancelled.
10. Having heard the learned Counsel for the parties,
we consider it appropriate that given the fact that the examination of
the Petitioners is commencing from today, i.e. 6th April 2026 for
4&5-WPL-11933&11936-26.doc
Semester IV without prejudice to the rights and contentions of the
parties and subject to the outcome of the Petition and also without
the Petitioners claiming any equities in their favour, we allow the
Petitioners to appear in the Semester IV examinations; as well as to
participate in all academic activities. This is by way of ad-interim
relief.
11. Respondent No. 2 - Institute has tendered Internal and
External Committee Report to the learned Counsel of the Petitioners
in Court. The Petitioners shall file their Affidavit in response to the
Internal and External Committee Report and which Affidavit shall be
filed on or before 16th April 2026.
12. Respondent No. 2 - Institute shall file their Affidavit in
Reply on or before 20th April 2026.
13. Place the above Writ Petitions for hearing at the
admission stage, High on Board on 21st April 2026.
14. Needless to state that in view of this ad-interim order,
the Respondent No. 2 - Institute shall forthwith handover the
4&5-WPL-11933&11936-26.doc
Identity Cards as well as unblock the e-mail IDs of the Petitioners to
enable them to appear in the IVth Semester examinations.
[ADVAIT M. SETHNA, J.] [R.I. CHAGLA J.]
