Ms. Darshna Doshy v. The State Of Maharashtra And 4 ORS.

BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.718 OF 2018 Darshna Doshy ..Petitioner

Versus

The State of Maharashtra and others ..Respondents Mr. Shanay Shah a/w Mr. Darshan Mehta I/by M/s. Dhruve Liladhar & Co., Advocate for the Petitioner.

Mr. Himanshu Takke, AGP for Respondent Nos.1 & 2 - State. Mr. P. M. Palshikar, Advocate for Respondent No.5. CORAM: B. R. GAVAI & REVATI MOHITE DERE, JJ.

DATE: 12th APRIL, 2019 P.C.:- 1] Rue. Rule is made returnable forthwith. Heard finally by consent of Respondent Nos. 1, 2 and 5. In spite of being duly served, none appears for Respondent No.4.

2] The limited relief which is pressed into service by the Petitioner is that since Respondent No.4 has withheld the mark sheets of the Petitioner for the period during which she had undergone studies and appeared for examinations, the Petitioner may face difficulties in her 1/3

future career and therefore Respondent No.4 - College may be directed to handover mark-sheets of the Petitioner and original documents which the Petitioner has submitted while seeking admission in Respondent No.4 - College to the Petitioner's father. 3] Since Respondent No.4 was not served, vide order dated 02/05/2018, we had issued notice to Respondent No.4 indicating therein that if Respondent No.4 does not appear before the Court on the next date, the Court may proceed to pass such orders as it may deems fit.

4] In spite of said notice being duly served, Respondent No.4 has chosen not to appear before this Court.

5] Perusal of the Affidavits filed on behalf of Respondent No.5 - University as well as Respondent No.2 - State show that there does not appear to be any objection with regard to limited relief as is pressed by the Petitioner.

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6] In that view of the matter, we are inclined to allow the Petition. Respondent No.4 - College is directed to handover mark-sheets of the Petitioner and original documents which the Petitioner has submitted while seeking admission in Respondent No.4 - College to the Petitioner's father within a period of two weeks from the date of uploading of this order.

7] Rule is made absolute in the aforesaid terms with no order as to costs.

(REVATI MOHITE DERE, J.) (B. R. GAVAI, J.) 3/3