Shaikh Fazalur Rahman Mohd Asafque v. The State Of Maharashtr And Anothr
6451.21WP.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 1024 WRIT PETITION NO.6451 OF 2021 SHAIKH FAZALUR RAHMAN MOHD. ASAFQUE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Mr.M.L. Paithane h/f Mr.M.A. Golegaonkar, Advocate for the petitioner.
Mr. S.P. Tiwari, AGP for the respondent/State. Mr.V.S. Kadam, advocate for respondent no.2.
...
CORAM : S.V. GANGAPURWALA AND S.G. DIGE, JJ.
DATE : 10th DECEMBER, 2021 PER COURT :- 1.
The present petition is seeking directions to respondent no.2 - college to issue the original documents as enlisted in prayer clause "B".
2.
The petitioner was admitted to B.E.
(Bio-Medical course) from S.T. category. He has completed his B.E. (Bio-Medical course) in November, 2020. However, the petitioner is not being issued the documents.
3.
Mr. Kadam, the learned counsel for respondent no.2 submits that the petitioner has not paid the fees. He was admitted from S.T.
category. The validity is submitted now in
6451.21WP.odt February, 2021. Online process is not accepting the proposal for reimbursement of fees. The college is now not in a position to get the reimbursement of that fees. There would be no way of getting the amount from the petitioner, if the documents are released.
4.
For non-payment of fees, the documents cannot be withheld by the College/Educational Institution. The educational institution does not have a lien or pledge over the said documents. The respondents may take steps to recover the fees as may be permissible under law, however, does not have authority to withhold the documents such as college leaving certificate, 10th and 12th certificates, marks memos, degree certificates etc. The respondents shall not withhold the documents only on the ground of non-payment of fees.
5.
The petitioner and respondents may also take further steps as may be permissible in law for reimbursement of fees.
6.
The parties shall cooperate with each other.
7.
The Writ Petition is disposed of. No costs.
(S.G.DIGE, J.) (S.V. GANGAPURWALA, J.) SGA