Pratik Ashok Patil And ANR v. The State Of Maharashtra Thr The Secretary The Social Justice And Special And ANR

2023:BHC-AS:29610-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11550 OF 2023 1.

Pratik Ashok Patil ] Age 22 Years, Occupation - Student] Residing at Opp: Fame Cinema Cherry] 60, Dream City, Takali Road, ] Nashik - 422 006, Maharashtra ] Ashok Vitthalrao Patil ] Aged 62 years, Occupation- Profession] Residing at Opp. Fame Cinema Cherry] 60, Dream City, Takali Road, ] Nashik 422 006, Maharashtra.

]

...Petitioners

v/s.

The State of Maharashtra ] through the Secretary, The Social ] Justice and Special Assistance ] Department, Mantralaya, Mumabi. ] The Commissioner of Social Welfare] Maharashtra State, having office at ] Church Road, Pune 411 001.

]

...Respondents

Mr. Laxman Deshmukh with Mr. Lokesh Zade and Mr. Asif Shaikh, for the Petitioner.

Mr. V. M. Mali, AGP for the Respondent No.1-State. ---- CORAM : SUNIL B. SHUKRE, AND FIRDOSH P. POONIWALLA, J.J.

DATE : 7th OCTOBER 2023 ORAL JUDGMENT (Per SUNIL B. SHUKRE, J.):- Heard.

RULE. Rule made returnable forthwith and heard finally by consent of the parties.

S.R.JOSHI page 1 of 2 903-wp-11550-2023.doc

Reply is taken on record and marked "X" for identification. We are of the view that the Petitioners, prima facie, fulfill requisite conditions and have also submitted all the documents including mark list of the final year examinations well in time i.e. on 18th July, 2023. It may be mentioned here that last date of the submission of the documents/ mark list was 21st July, 2023.

So far as the fact of the submissions of the documents before 21st July, 2023 by the Petitioners is concerned, there is no dispute. If this is the factual situation of the case, we are of the view that the Scrutiny Committee would have to review its decision to reject the application of the Petitioner for grant of foreign scholarship.

We, therefore, allow the Petition and direct the Respondents to decide the application of the Petitioners afresh, and in accordance with the policy and guidelines of the State in the matter, as early as possible and in any case, within a period of two weeks from the date of the order and communicate the same to the Petitioners.

Rule is made absolute on the above terms. There shall be no order as to costs.

(FIRDOSH P. POONIWALLA, J.) (SUNIL B. SHUKRE, J.) S.R.JOSHI page 2 of 2 903-wp-11550-2023.doc