Madhuri Sandipan Mali And Others v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:11685-DB 1 WP / 6002 / 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 WRIT PETITION NO. 6002 OF 2024 MADHURI SANDIPAN MALI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for petitioner : Mr. G.J. Kore AGP for the respondent - State : Mr. K.N. Lokhande ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 24 JUNE 2024 PC :

Notice. Learned AGP waives service for all the respondents.

2.

The petitioners having completed the courses even prior to the subsequent resolution dated 16-03-2021 resulting in modification of of the original scheme dated 19-08-1995, so as to include the words 'as per the schedule to be determined for providing aid', that resolution ex facie having been passed after the petitioners have passed out, it cannot be made applicable retrospectively.

3.

If at all the petitioners' proposals seeking freeship have been moved already or otherwise, they having completed the courses long back, it would always be open for respondent no. 3 - Dean and

2 WP / 6002 / 2024 the other respondents to process the individual claims independently, however, withholding of the documents / certificates for that reason is not legally tenable.

4.

We allow the writ petition and declare that the government resolution dated 16-03-2021 (Exhibit - D) will not be applicable to the petitioners' cases.

5.

Respondent no. 3 shall immediately return all the documents / certificates to the petitioners within two weeks. It is made clear that he may independently undertake the process for claiming the fees qua each of these petitioners.

6.

The petitioners shall submit an undertaking before the Registrar (Judicial) of this Court, to pay necessary fees to respondent no. 3 - College, if and when so directed by this Court. [ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/