Mansuri Nuaman Abdul Sattar v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2031 OF 2017 Karan Jasraj Purohit State of Maharashtra and others WRIT PETITION NO.432 OF 2017 CIVIL APPLICATION NO.1862 OF 2017 WRIT PETITION NO.432 OF 2017 Miss. Maria Shanawaz Shaikh ..Petitioner/Applicant State of Maharashtra and others WRIT PETITION NO.729 OF 2017 Dr. Rubina Mohammad Ali Merchant WRIT PETITION NO.731 OF 2017 Ms. Nausheen Firoz Khan WRIT PETITION NO.2029 OF 2017 Qadri Mohammed Israrul Hag

WRIT PETITION NO.2030 OF 2017 Mansuri Nuaman Abdul Sattar WRIT PETITION NO.2614 OF 2017 Ms. Aniqah Sarwat Ehtesham Khan WRIT PETITION NO.2752 OF 2017 Mr. Arik Arif Reshamwala WRIT PETITION NO.2753 OF 2017 Aayesha Arif Reshamwala WRIT PETITION NO.3539 OF 2017 Miss. Khan Areeba Ikram Moinuddin CIVIL APPLICATION NO.1563 OF 2017 WRIT PETITION NO.3539 OF 2017

Tribal Doctor Forum Through Dr. Ramkrishna Pedhekar and others ..Applicants Ms. Khan Areeba Ikram Moinuddin WRIT PETITION NO.5689 OF 2017 Ms. Afrin Abdul Aziz Mukadam WRIT PETITION NO.8525 OF 2017 Mr. Shadaad Shakir Reshamwala WRIT PETITION NO.12138 OF 2017 Farheen S. Gola R. J. Somaiya College of Physiotherapy and others WRIT PETITION NO.13817 OF 2016 CIVIL APPLICATION NO.1138 OF 2017 WRIT PETITION NO.13817 OF 2016 Mr. Khan Obaidullab Mohd. Asif ..Petitioner/Applicant

WRIT PETITION NO.14112 OF 2016 ALOGNWITH CIVIL APPLICATION 2696 OF 2017 WRIT PETITION NO.14112 OF 2016S Mr. Shaikh Subhan Ali Abdulgani and another ..Petitioner/Applicant State of Maharashtra and others Mr. Vijay P. Agale, Advocate for the Petitioner in WP No.2031 of 2017, WP No.432 of 2017, WP No.729 of 2017, WP No.731 of 2017, WP No.2029 of 2017, WP No.2030 of 2017, WP No.2614 of 2017, WP No.5689 of 2017, WP No.13817 of 2016, WP No.14112 of 2016, and Applicant in CAW No.1682 of 2017 and CAW No.1138 of 2017. Mr. R. G. Shatalkar i/by Madhuri P. Shinde, Advocate for the Petitioner in WP No.2752 of 2017, WP No.2753 of 2017, WP No.3539 of 2017 and WP No.8225 of 2017.

Ms. S. N. Randive i/by Swapna P. Kode, Advocate for Petitioner in WP No.12138 of 2017.

Mr. Sushil Upadhyay i/by Mr. A. M. Saraogi, Advocate for the Applicant in CAW No.2696 of 2017.

Mr. S. B. Kalel, AGP for Respondent Nos.1 and 2 in WP No.2031 of 2017, WP No.432 of 2017, WP No.729 of 2017, WP No.731 of 2017, WP No.2029 of 2017, WP No.2030 of 2017, WP No.2614 of 2017, WP No.2752 of 2017, WP No.2753 of 2017, WP No.3539 of 2017, WP No.5689 of 2017, WP No.8525 of 2017.

Mr. Vikas Mali, AGP for Respondent Nos.2 and 3 in WP No.12138 of 2017.

Mrs. Rupali M. Shinde, AGP for Respondent Nos.1 and 2 in WP No.13817 of 2016.

Ms. Nisha Mehra, AGP for Respondent Nos.1 and 2 in WP No.14112 of 2016.

Mr. Pradeep Patil, Advocate for Respondent - MCGM in WP No.729 of 2017, WP No.731 of 2017, WP No.2614 of 2017, WP No.13817 of 2016 and WP No.14112 of 2016.

Mr. Kashinath K. Jadhav a/w Mr. J. K. Jadhav, Advocate for Respondent No.1 in WP No.12138 of 2017.

Mr. Mihir R. Govilkar i/by Mr. R. V. Govilkar, Advocate for Respondent No.4 in WP No.13817 of 2016.

CORAM : B. R. GAVAI & B. P. COLABAWALLA, JJ.

DATE : 15th FEBRUARY, 2018 P.C.

1] The Petitions have been circulated by the learned AGP. The Petitioners were admitted against the seats reserved for various reserved categories. However, complaints were received that the Petitioners had submitted fraudulent certificates of their Caste/Tribe. The Petitioners were therefore issued show-cause notices for cancellation of their admissions. However, since the replies were not found satisfactory and it was found that the Caste Certificates as well as Caste Validity Certificates issued to the Petitioners were fraudulent, the admissions were cancelled. Being aggrieved thereby, the Petitioners have approached this Court. 2] The only contention raised in the Petitions is that the order of cancellation of admission was passed without following proper procedure. However, it is to be noted that the respective competent

authorities who had allegedly issued Caste Certificates and Caste Validity Certificates had themselves informed the Directorate of Medical Education that such Validity Certificates were never issued to the Petitioners. As a matter of fact, on the last date, Mrs. Swapna P. Kode appearing for the Petitioner in Writ Petition No.12138 of 2017 had not disputed the fact of the certificates being fraudulently issued but submitted that the Petitioners had become victim of racket which was issuing fake, fraudulent Caste Certificates and Caste Validity Certificates. 3] The jurisdiction of this Court under Article 226 of the Constitution of India, cannot be permitted to be used to perpetuate the fraud and illegality. In that view of the matter, the Petitions are rejected. 4] Needless to state that ad-interim protection, if any stands withdrawn.

5] Needless to state that in view of disposal of Writ Petitions, Civil Applications do not survive and accordingly stand disposed of. [B. P. COLABAWALLA, J.] [B. R. GAVAI, J.]