Amol Limbaji Aher And Anohter v. The State Of Maharashtra And Others

2025:BHC-AUG:31213-DB nob-1-wp-6440-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.12437 OF 2025 IN WRIT PETITION NO.6440 OF 2021 Amol s/o. Limbaji Aher

Versus

The State of Maharashtra and Others ...

Mr. Govind R. Ingole, Advocate for the Applicant. Ms. Chaitali Chaudhary-Kutti, AGP for Respondent/State ...

CORAM : R. G. AVACHAT AND ABASAHEB D. SHINDE, JJ.

DATED : NOVEMBER 14, 2025 P.C.:

.

Heard the learned Counsel for the Petitioner as well as learned AGP for Respondent Nos.1 to 3.

2.

By this Civil Application in pending Writ Petition, the Petitioner is seeking direction against Respondent No.3 College with which the Petitioner prosecuted his studies of M.B.B.S Course to hand over original documents since, he desires to seek admission to the Post Graduation course. The Petitioner contends that for want of original documents he is unable to participate in the admission process for the Post Graduation course, which is scheduled on 16.11.2025. 3.

Our attention has been invited to the earlier orders passed by this Court, so also the order passed in Civil Application No. 10266 of 2022 Narwade/

nob-1-wp-6440-2021.odt in Writ Petition No.6440 of 2021 passed by this Court, wherein in similar set of facts this Court had directed the concerned College to release the documents subject to furnishing an undertaking by the Petitioner therein. We, therefore, propose to pass similar order. Hence the following order :- :: ORDER ::

i.

Civil Application is allowed.

ii. Petitioner to file an undertaking before Respondent No.3-College as well as before the Registrar (J.) of this Court that in the event petition is decided against the petitioner, the petitioner would pay the fees as demanded by the Respondents.

iii. Upon submission of such undertaking, the Respondent No.3College may not withhold original documents on the ground of non payment of fees. The petitioner shall file such undertaking before Respondent No.3-College along with a copy of the undertaking furnished before the Registrar (J.) of this Court. iv. With these directions Civil Application disposed of. [ABASAHEB D. SHINDE, J.] [R. G. AVACHAT, J.] Narwade/