Bombay High CourtWP/4964/2016admittedallwdgrantedrule absolute

Amit S/O Jivansingh Shrivastava v. State Of Maharashtra Thr. Secretary, Department Of Higher And Technical Education, Mumbai And Other

2016-11-23Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

WP4964-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4964/2016 (AMIT JIVANSINGH SHRIVASTAVA VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Chawhan, counsel for the petitioner. Shri A.A. Madiwale, A.G.P. for the R-1 & 2.

Shri S.A. Marathe, counsel for the R-4.

CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : NOVEMBER 23 , 2016.

The only prayer made by the petitioner in this writ petition is for a direction to the respondents to award the degree certificates (B.E. Computer Course) and the other documents to the petitioner, immediately.

It is surprising that though the caste validity certificate was issued in favour of the petitioner in the year 2014 and the petitioner had tendered the said certificates to the respondent authorities, the respondents are not returning the documents of the petitioner to him and are also not awarding the degree certificate of B.E. computer course. We find that there is absolute lethargy on the part of the respondents in doing the needful for the petitioner though the caste claim of the petitioner is validated as early as in the year 2014. We find that the action on the part of the respondents in not awarding the degree certificate to the petitioner and not returning the documents to the petitioner has caused great harassment to the petitioner and the action is absolutely illegal.

WP4964-16 Hence, we allow the writ petition with costs and direct the respondent no.2 to grant a regularization certificate in respect of admission and enrollment of the petitioner and direct the respondent no.3 to return the documents of the petitioner to the petitioner and direct the respondent no.4 to grant the degree certificate to the petitioner within one month.

Order accordingly.

JUDGE JUDGE APTE