Farukh Ilahi Sayyad v. The Registrar University Of Mumbai And ORS

Kavita S.J.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2014 OF 2026 Farukh Ilahi Sayyad

...Petitioner

Versus

The Registrar, University of Mumbai & Ors.,

...Respondents

---------- Mr. Gaurav Ugale i/b Amol Ghuge for Petitioner. Mr. Rui Rodrigues for Respondent No.1.

Mr. Manish Kelkar a/w Gauri Phadake for Respondent Nos. 2 & 4. ---------- CORAM : R.I. CHAGLA AND ADVAIT M. SETHNA, JJ.

DATED : 6th MAY, 2026.

ORDER :

1.

Rule. Rule made returnable forthwith. Heard by consent of parties.

2.

By this Petition, the Petitioner is seeking a direction to the Respondent Nos. 1 and 3 to immediately release the Petitioner's KAVITA SUSHIL JADHAV 8th Semester (Final Year) results and further direction to the by KAVITA SUSHIL JADHAV Date: 2026.05.08 10:46:16 +0530 Respondent No.3 to release the Petitioner's original Degree 1/4

Certificate, Passing Certificate and Leaving Certificate. 3.

The Petitioner has successfully completed the Bachelor of Engineering (Electrical) Course in the year 2017. The Petitioner initially had been allotted the seat by Respondent No.3 under the Special Backward Class (SBC-A) (Muslim) Category, a 5% reservation newly created by the Government of Maharashtra via GR dated 19th July, 2014. The Petitioner had also obtained his Caste Certificate dated 22nd July, 2014 and had demonstrated his eligibility and compliance with the admission norms.

4.

The Petitioner had continued his studies and paid all requisite fees and successfully passed all academic requirements from Semester 3rd through Semester 7th. Despite having his mark sheets for all previous Semesters, Respondent No.1 - University and Respondent No.3 - College had withheld Petitioner's 8th Semester results and final degree for over last eight years, citing the nonsubmission of the Validity Certificate. This was in view of interim stay granted by this Court in Writ Petition (L) No.2053 of 2014 which suspended the implementation of the Muslim reservation. The Scrutiny Committee had informed the Petitioner that they were 2/4

legally unable to process or issue Validity Certificates for this category.

5.

The Petitioner states that he is suffering from immense hardship, as he is forced to work on a lower-level technician job in Dubai based only on his Diploma. Despite being a qualified Engineer, he is unable to seek professional recognition, promotions, or valid engineering roles due to the lack of his 8th Semester Mark sheet and Degree Certificate. In view thereof, the present Petition has been filed.

6.

The learned Counsel appearing for the Petitioner has referred to the GR dated 17th February, 2026 which states that the Ordinance No.XIV of 2014 did not receive approval of the Law and Justice Department and it has not been converted into law by 23rd December, 2014 and hence it has lapsed. The earlier Government Resolutions / Circulars issued in pursuance thereof had automatically stood cancelled. These Government Resolutions and Circulars which are with regard to 5% reservation have accordingly been cancelled. 7.

The learned Counsel appearing for the Petitioner states that the Petitioner is not taking benefit of the 5% reservation in view 3/4

of the GR dated 17th February, 2026. He states that fees have also been paid as per open category and he has placed reliance upon the Receipt Voucher (Exhibit-F) to the Petition which mentions that fees are paid on "open category" basis. He has also undertaken that in the event any additional fees to be paid on open category process, the Petitioner will pay the same. The statement is accepted. 8.

In view of the above statement, upon compliance with the requirements of Respondent No.1 - University of Mumbai, the Respondent Nos. 1 and 3 are directed to release the Petitioner's 8th Semester (Final Year) results and the Petitioner's original Degree Certificate, Passing Certificate and Leaving Certificate. 9.

The Writ Petition is disposed of in the above terms. There shall be no orders as to costs.

[ ADVAIT M. SETHNA, J. ] [ R.I. CHAGLA, J. ] 4/4