Bombay High Court
Aishwarya Milind Jorwekar And Anr vs State Of Maharashtra Through Its ... on 26 May, 2025
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
SNEHA
2025:BHC-AS:22211-DB
ABHAY
DIXIT IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed by
SNEHA ABHAY
DIXIT
WRIT PETITION NO.4336 OF 2016
Date: 2025.05.26
19:10:51 +0530 ALONG WITH
INTERIM APPLICATION NO.16973 OF 2022
Natasha Michael D'Silva, ] .. Petitioner /
Student, R/of Antop Hill, Mumbai- 400 037 ] Applicant
Versus
1. The State of Maharashtra ]
Through Education Department ]
Through its Secretary ]
2. Council of Boards of School Education in India, ]
Having address at Ring Road, Delhi ]
Through its General Secretary ]
3. Maharashtra University of Health ]
Science, Nashik, ]
Through its Vice Chancellor ]
4. Shri Yeshwantrao Chavan Memorial Medical & ]
Rural Development Foundations' Dental College ]
& Hospital, Ahmednagar ]
Through its Principal ]
5. Board of School Education Hubli, ]
Hubli, Dharwad, Karnataka- 580021. ]
Through its Secretary ]
6. State of Karnataka, ]
Department of Primary and Secondary ]
Education, Bengaluru- 500001. ]
Through its Principal Secretary ]
7. Maharashtra State Board of Secondary and ]
Higher Secondary Education, ]
Having office at Bhamburda, Shivaji Nagar, ]
Pune- 411004. ] .. Respondents
ALONG WITH
WRIT PETITION NO.4338 OF 2016
Manali Mahesh Bhanushali, ]
Student, R/of Pari Naka, Wada, Dist. Palghar. ] .. Petitioner
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Versus
1. The State of Maharashtra ]
Through Secretary, Education Department ]
2. The Council of Board of School Education ]
of India, through its President/Chairman, ]
Having address at Ring Road, Delhi- 110 034. ]
3. Maharashtra University of Health Science, ]
Nashik, through its Vice Chancellor, ]
Dindori Road, Mhasrul, Nasik- 422 004. ]
4. Vasant Kusum Rural Yog & Ayurved ]
Sanshopdhan Pratisthan Siddhakala Ayurved ]
Mahavidyalaya, Sangamner 422 605. ]
Through its Principal ]
5. Board of School Education, Hubli, ]
Hubli, Dharwad, Karnataka- 580021. ]
Through its Secretary, ]
6. State of Karnataka, ]
Through Department of Primary and Secondary ]
Education, Bengaluru ]
Through its Principal Secretary ] .. Respondents
ALONG WITH
WRIT PETITION NO. 6319 OF 2016
1. Aishwarya Milind Jorwekar, ]
Student, R/of Katraj, Pune ]
2. Sumayya Kazi, ]
Student, R/of Pulgate, Camp, Pune ] .. Petitioners
Versus
1. State of Maharashtra, ]
Medical Education & Drugs Department ]
Through its Additional Chief Secretary, ]
2. Council of Boards of School Education in India, ]
Delhi, through its President ]
3. Maharashtra University of Health Sciences, ]
Nashik, through its Registrar ]
4. M.A. Rangoonwala College of Dental ]
Sciences & Research Center, Pune ]
Through its Principal ]
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5. Board of School Education, Hubli, ]
Karnataka, through its Secretary ]
6. Government of Karnataka, ]
Through its Principal Secretary, ]
Department of Primary & Secondary Education ] .. Respondents
AND
WRIT PETITION NO.182 OF 2017
(ORDINARY ORIGINAL CIVIL JURISDICTION)
1. Dhairya Vipul Shah, ]
R/at Dadar (East), Mumbai - 400 014. ]
2. Siddiqui Mohammed Aftab Ahmed Zama, ]
R/at Mira Road, Thane - 401 107. ]
3. Abhishek Ganesh Kaligota, ]
R/at Vile-Parle (East), Mumbai 400 057. ]
4. Gayathri Velayutham, ]
R/at Goregaon (East), Mumbai - 400 065. ]
5. Ajay Sudarshan Sahu, ]
R/at Katemanivali, Kalyan (East), Thane ] .. Petitioners
Versus
1. The University of Mumbai, ]
Santacruz (East), Mumbai 400 098 ]
Through its Vice Chancellor ]
2. Ramnarain Ruia College, ]
Matunga, Mumbai 400 019 ]
Through its Principal, ]
3. Rizvi College of Engineering, ]
Bandra (W), Mumbai 400 050 ]
Through its Principal, ]
4. Rajiv Gandhi Institute of Technology, ]
Andheri (W), Mumbai 400 053 ]
Through its Principal ]
5. K.J. Somaiya College of Science & ]
Commerce, Vidyavihar, Mumbai 400 077 ]
Through its Principal, ]
6. Dombivali Shikshan Prasarak Mandal's ]
K.V. Pendharkar College of Arts, Science ]
and Commerce, Dombivali (E), Thane. ]
7. Union of India, ]
Through Ministry of Human Resource, ]
Department of School Education & Literacy ]
8. Board of School Education, Hubli, ]
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Dahrwad, Karnataka- 580 021 ]
Through its Secretary ]
9. State of Karnataka, ]
Through Department of Primary and ]
Secondary Education, Bengaluru. ]
Through its Principal Secretary ] ..Respondents
ALONG WITH
WRIT PETITION NO.1508 OF 2016
WITH
INTERIM APPLICATION NO.326 OF 2021
Devika Vishwanath Salunke, ]
Student, R/of Kharegaon, ] .. Petitioner /
Bhayander (E), Dist. Thane 401 105. ] Applicant
Versus
1. The State of Maharashtra, ]
Through Education Department, ]
Through its Secretary ]
2. The Council of Board of School Education in India, ]
Ring Road, Delhi - 110 034 ]
Through its President/Chairman ]
3. The University of Mumbai, ]
Through its Vice Chancellor ]
4. Xavier Institute of Engineering, ]
Mahim, Mumbai - 400 016 ]
Through its Principal ]
5. Board of School Education, Hubli ]
Dharwad, Karnataka- 580 021 ]
Through its Secretary ]
6. State of Karnataka, ]
Through Department of Primary and Secondary ]
Education, Bengaluru - 500 001 ]
Through its Principal Secretary ] .. Respondents
ALONG WITH
WRIT PETITION NO.1513 OF 2016
Dakshata Dasharath Sawant ]
R/of Kala Chowki, Mumbai-400 033. ] .. Petitioner
Versus
1. The State of Maharashtra, ]
Through Education Department ]
Through its Secretary ]
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2. The Council of Board of School Education in India, ]
Through its President / Chairman ]
3. The University of Mumbai, Kalina, Mumbai, ]
Through its Vice Chancellor ]
4. Vidyalankar Institute of Technology, ]
Wadala (East), Mumbai - 400 037 ]
Through its Principal ]
5. Board of School Education, Hubli, ]
Dharwad, Karnataka - 580021 ]
Through its Secretary ]
6. State of Karnataka, ]
Department of Primary and Secondary Education, ]
Bengaluru, through its Principal Secretary ] .. Respondents
ALONG WITH
WRIT PETITION NO.42 OF 2019
1. Mrunal Dattatray Dhumal ] .. Deleted
2. Aniket Arvind Dhanawade ]
Student, R/at Karanje Peth, Satara 415 002. ] .. Petitioner
Versus
1. The University of Mumbai, ]
Through its Registrar ]
2. Shri Bhausaheb Vartak Arts, Commerce & ]
Science College, Borivli (West), Mumbai 400 091 ]
Through its Principal ]
3. Rizvi College of Hotel and Tourism Management ]
Studies, Bandra (West), Mumbai 400 050 ]
Through its Principal ]
4. Union of India, ]
Through its Ministry of Human Resource, ]
Department of School Education & Literacy, ]
5. Council of Boards of School Education in India, ]
(COBSE), Ring Road, Delhi - 110 034. ]
Through its General Secretary ]
6. Board of School Education, Hubli, ]
Dharwad, Karnataka - 580021 ]
Through its Secretary ]
7. State of Karnataka, ]
Through Department of Primary and Secondary ]
Education, Bengaluru - 500 001. ]
Through its Principal Secretary ] .. Respondents
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---
Mr. N.N. Gawankar with Mr. Manas N. Gawankar, i/by Mr. Shreyas N.
Gawankar, Advocates for the Petitioner in WP No.4336 of 2016.
Mr. Sachin S. Punde, Advocate for the Petitioner in WP No.4338 of 2016,
Applicant in IA No.16973 of 2022 and for the Petitioners in WP Nos.182 of
2017, 1508 of 2016, 1513 of 2016 and 42 of 2016.
Mr. Kishor Patil with Mr. Siddheshwar N. Biradar, Advocates for the
Petitioners in WP No.6319 of 2016.
Ms. Neha S. Bhide, Government Pleader with Ms. Kavita N. Solunke,
Assistant Government Pleader for the State of Maharashtra.
Mr. Rajshekhar V. Govilkar, Senior Advocate, with Ms. Shaba N. Khan and
Mr. Mihir Govilkar, Advocates for the MUHS.
Mr. Suhas S. Inamdar, Advocate for Respondent No.2 in WP No.6319 of
2016 and Advocate for Respondent No.5 in WP No.42 of 2019.
Mr. Sandeep R. Waghmare, Advocate for Respondent No.4 in WP No.6319
of 2016.
Mr. Rui Rodrigues, Advocate for Respondent No.1 in WP Nos.182 of 2017
& 42 of 2019 and for Respondent No.3 in WP Nos.1508 of 2016 & 1513 of
2016.
Mr. Milind More, Additional Government Pleader for the State of
Maharashtra in WP Nos.1508 of 2016 and 1513 of 2016.
Mr. N.R. Prajapati, Advocate for Respondent No.4 in WP No.42 of 2019.
Mr. Y.S. Bhate, Advocate for Respondent No.7 in WP No.182 of 2017.
---
CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ
The date on which the arguments concluded : 16 TH APRIL, 2025.
The date on which the Judgment is pronounced : 26th MAY, 2025.
JUDGMENT :[ Per A.S. Chandurkar, J. ]
1. In this batch of writ petitions the petitioners have raised a challenge to the action taken by the Maharashtra University of Health Sciences-
"MUHS" and the University of Mumbai holding them ineligible to pursue undergraduate education on the ground that as they had passed their Senior Secondary School Examination from the Board of School 6/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: Education, Hubli, Karnataka- the BSE, Hubli which was not registered with the Council of Boards of School Education in India - "COBSE", they were ineligible for being admitted in the undergraduate courses.
2 (a) The petitioners in Writ Petition No.6319 of 2016 appeared for the Senior Secondary Examination conducted by the BSE, Hubli in July 2015. Having passed the said examination, they took admission at the M.A. Rangoonwala College of Dental Sciences and Research Centre, Pune at the First Year Bachelor of Dental Studies - "BDS" course . After their admission, when they were to appear in the examination at the end of the first year of academic session 2015-16, their College was informed by the MUHS on 12th May 2016 that as the petitioners had passed their Senior Secondary Examination from the BSE, Hubli which was not registered with the COBSE, they were ineligible for being admitted to the Undergraduate Course. For that reason, the petitioners were not permitted to appear in the examinations. Being aggrieved by the aforesaid communication dated 12th May 2016, the petitioners have filed this writ petition.
(b) In Writ Petition No.4338 of 2016, the petitioner passed her Senior Secondary Examination from the BSE, Hubli and thereafter took admission at the Siddhakala Ayurveda Mahavidyalaya, Sangameshwar, District Ahmednagar. On 27th January 2016, the MUHS informed the 7/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: Institution that as the petitioner had passed her Senior Secondary Examination from the BSE, Hubli which was not included in the list of Boards maintained by the COBSE, she was not eligible to appear in the First Year Ayurved Graduation Examination. The petitioner being aggrieved by the said communication has filed this writ petition.
(c) In Writ Petition No.4336 of 2016, the petitioner passed her Senior Secondary Examination from the BSE, Hubli in July 2015. She thereafter took admission at the Dental College and Hospital, Vadgaon, District Ahmednagar in academic session 2015-16. On 3 rd February 2016, the MUHS informed the Institution that as the petitioner had passed her Senior Secondary Examination from the BSE, Hubli which was not a Board registered with the COBSE, she was not eligible to be admitted at the First Year of the BDS Course. She was therefore not permitted to appear in the examinations. Being aggrieved, the petitioner has filed this writ petition challenging the aforesaid communication.
(d) The petitioners in Writ Petition No.182 of 2017 have passed their Senior Secondary Examination at the BSE, Hubli. They thereafter took admission in various undergraduate courses in educational Institutions affiliated to the University of Mumbai in the academic year 2016-17. The respective educational Institutions were informed by the University of Mumbai that each petitioner was not eligible for pursuing undergraduate 8/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: education on the ground that the BSE, Hubli was not recognised by the COBSE. The petitioners are aggrieved by the communications dated 5 th November 2016 and 9th November 2016 issued by the University of Mumbai in that regard.
(e) In Writ Petition No.42 of 2019, the name of petitioner no.1 came to be deleted from the array of parties at his request by the order dated 19 th July 2024. The petitioner no.2 passed his Senior Secondary Examination from the BSE, Hubli in June, 2017. The petitioner no.2 thereafter obtained admission at the B.Sc. (Hospitality Studies) at the respondent no.3- Institution affiliated to the University of Mumbai. By the communication dated 26th October 2018, the Institution was informed that as the BSE, Hubli was not recognized by the COBSE, the petitioner no.2 was not eligible for being admitted at the under graduate degree course. Being aggrieved, the petitioner no.2 has filed this writ petition.
(f) In Writ Petition No.1513 of 2016, the petitioner passed her Senior Secondary Examination from the BSE, Hubli in July 2015. She thereafter secured admission at the undergraduate course being conducted by the respondent no.4-Institution affiliated to the University of Mumbai. On 19 th October 2015, the Institution was informed by the University of Mumbai that the BSE, Hubli was not recognized by the COBSE and hence the 9/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: petitioner was not eligible for pursuing the undergraduate degree course. Being aggrieved, the petitioner has filed this writ petition.
(g) The petitioner in Writ Petition No.1508 of 2016 has passed her Senior Secondary Examination from the BSE, Hubli in July 2015. She thereafter obtained admission in the undergraduate course at the respondent no.4-Institution affiliated to the University of Mumbai. On 9 th December 2015, the University of Mumbai informed the Institution that as the BSE, Hubli was not recognised by the COBSE, the petitioner was not eligible to pursue the undergraduate degree course. Being aggrieved, the petitioner has filed this writ petition.
3. Heard Mr. N.N. Gawankar, learned counsel for the petitioner in Writ Petition No.4336 of 2016, Mr. Sachin Punde, learned counsel for the petitioner in Writ Petition No.4338 of 2016, Writ Petition No.182 of 2017, Writ Petition No.1508 of 2016, Writ Petition No.1513 of 2016 and Writ Petition No.42 of 2019, Mr. Kishor Patil, learned counsel for the petitioners in Writ Petition No.6319 of 2016, Ms. Neha Bhide, learned Government Pleader and Mr. Milind More, learned Additional Government Pleader for the State of Maharashtra, Mr. Rajshekhar Govilkar, learned Senior Advocate for the MUHS, Mr. Rui Rodrigues, learned counsel for the University of Mumbai, Mr. Suhas Inamdar, learned counsel for the COBSE, Mr. Sandeep Waghmare, learned counsel for the affiliated Colleges, Mr. Y. 10/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: S. Bhate and Mr. N. R. Prajapati, learned counsel for the Union of India.
4. The learned counsel appearing for the petitioners submitted that the only reason for holding the petitioners' ineligible to pursue undergraduate education was that the petitioners had passed the Senior Secondary Examination from the BSE, Hubli which was not registered with the COBSE. Referring to the Executive Order dated 18 th March 2015 issued by the Deputy Director of Public Instructions, Dharwad, Government of Karnataka, it was submitted that the Secretary, BSE, Hubli was informed that the examination conducted by the BSE, Hubli and the certificates issued by it were recognised by the Government of Karnataka. In the said Executive Order it was stated that the BSE, Hubli fully satisfied the eligibility criteria that was laid down by the COBSE for grant of membership. It was submitted that on 22 nd June 2016, the COBSE in reply to certain queries made under the provisions of the Right to Information Act, 2005 had stated that the BSE, Hubli had submitted an application with the COBSE seeking its membership. That application was under
process. It was further stated that when a Board was recognised by the State Government, it was not necessary for it to have a separate certificate issued by the COBSE. By another communication dated 3 rd August 2015, it was clarified by the COBSE that obtaining membership of the COBSE was not essential but that the Board conducting examinations ought to be 11/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: recognised by the Central Government or the State Government so that the certificates issued had All India equivalence. Reference was made to Office Memorandum dated 24th April 2017 issued by the Ministry of Human Resource Development wherein it was stated that the COBSE had not been established by the Ministry of Human Resource Development and that membership of the COBSE did not result in automatic grant of status as a recognized Board upon any member Board. Referring to the website maintained by the BSE, Hubli it was submitted that even as on 4 th September 2024, it was mentioned that the BSE, Hubli was registered and recognised by the Government of Karnataka. On the aforesaid basis, it was urged that the petitioners having bonafide pursued education and obtained the Senior Secondary Certificate from the BSE, Hubli after which they took admission in the respective Undergraduate Courses, the MUHS was not justified in preventing the petitioners from pursuing higher education on the ground that the BSE, Hubli was not registered with the COBSE. Reliance was placed on the judgment of the Delhi High Court in Abdul Lateef Nomani Vs. University of Delhi and Ors., 2019 SCC OnLine Del 10856. It was then submitted that by virtue of various interim orders passed by this Court, the petitioners had now completed their undergraduate education successfully and were awaiting their degree certificates. Referring to the decisions in Rajendra Prasad Mathur Vs. Karnataka University and Anr., 1986 INSC 101 , Ashok Chand Singhvi Vs. 12/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: University of Jodhpur and Ors., 1989 INSC 20 and Syeda Aufiya Ahmad Vs. Rashtrasant Tukadoji Maharaj Nagpur University and Ors., 2013(1) Mh.L.J. 185, it was submitted that upholding the impugned communications issued by the MUHS and the University of Mumbai at this point of time would result in causing undue hardship to the petitioners as they had spent precious years in pursuing higher education. It was thus submitted that the impugned communications issued by the MUHS and the University of Mumbai were liable to be quashed and appropriate directions be issued to grant the petitioners their degree certificates by holding their admissions to be valid.
5 (a) In Writ Petition No.6319 of 2016, affidavit-in-reply has been filed on behalf of the MUHS by its Section Officer. Reference therein has been made to the communication dated 18th October 2012 and 9th January 2013 addressed to the Secretary, COBSE. The MUHS sought to confirm the genuineness of the Board of Higher Secondary Education, Delhi and the Central Board of Higher Education, Delhi so as to enable the MUHS to accept examination forms submitted by the students who had taken education from the said Boards. Reply to the same was given on 17 th January 2013 by the COBSE wherein it was stated that the Central Board of Higher Education, Delhi and the Board of Higher Secondary Education, New Delhi did not appear in the list of Members of the COBSE. Therefore, 13/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: the certificates issued by those Boards could not be treated to be equivalent for pursuing higher studies in Central / State Government organizations.
(b) In Writ Petition No.4336 of 2016, affidavit-in-reply has been filed by the MUHS through its Section Officer. It has been stated therein that as the name of the BSE, Hubli was not included in the list of members maintained by the COBSE, the petitioner was not eligible for pursuing higher education as he had passed the Senior Secondary Examination from the BSE, Hubli. Reference has been made to Ordinance No.3 of 2010 that relates to eligibility and enrollment of students for undergraduate courses. It is stated that there is a requirement of passing a Higher Secondary School Certificate Examination from a recognized Council or Board of School Examination in India for pursuing undergraduate courses. As the BSE, Hubli was not registered with the COBSE, it was rightly held that the petitioner was not eligible to pursue higher education. Reliance was placed on the order dated 20th October 2015 passed in Writ Petition No.4465 of 2015 (Adarsh Rammani Pandey Vs. The Maharashtra University of Health Sciences and Anr.) by the Nagpur Bench. In Writ Petition No.4338 of 2016, similar affidavit-in-reply as filed in Writ Petition No.4336 of 2016 has been filed.
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6. Mr. R. V. Govilkar, learned Senior Advocate appearing for the MUHS referred to the aforesaid affidavits and supported the impugned communications issued by the MUHS. According to him, since the petitioners were not eligible for seeking admission at the undergraduate courses on the ground that they had passed their Senior Secondary Examination from the BSE, Hubli which was not registered with the COBSE, they were not entitled to any relief whatsoever. Though the petitioners were permitted to pursue the undergraduate courses in which they were admitted in view of various interim orders passed from time to time, it was made clear in the said orders that the petitioners were not entitled to claim any equity and that their results were being declared subject to outcome of the writ petitions. Since the petitioners lacked basic eligibility for being admitted at the undergraduate courses, they were not entitled to any relief whatsoever. Similarly, on the basis of sympathy too, no relief be granted to them. The petitioners had pursued higher education at their own risk and hence were not entitled to any equity whatsoever. The writ petitions were therefore liable to be dismissed. 7 (a) In Writ Petition No.182 of 2017, affidavit has been filed on behalf of the University of Mumbai by its Officiating Deputy Registrar, Eligibility and Migration Section. It has been stated therein that the petitioner was granted provisional eligibility for admission at the undergraduate course 15/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: as the petitioners had passed the Senior Secondary School Course from the BSE, Hubli. The University of Mumbai had issued the letters dated 9 th November 2016 and 5th November 2016 for the reason that the name of the BSE, Hubli did not figure in the list of Boards maintained by the COBSE.
(b) In Writ Petition No.42 of 2019, affidavit-in-reply has been filed by the Deputy Registrar, Enrollment, Eligibility and Migration Certificate Unit of the University of Mumbai wherein it is stated that since the petitioners had passed their Senior Secondary Examination from the BSE, Hubli which was not a Member of the COBSE, they were treated as not eligible for admission. The COBSE has also filed its affidavit dated 12 th September 2019 wherein it is stated that the BSE, Hubli was not a recognised Board by the Central Government or the State Government and that the COBSE had denied its membership to the BSE, Hubli. The said order had been challenged by the BSE, Hubli by filing Writ Petition No.8389 of 2016 before the Delhi High Court. It has been informed that on 18 th July 2024, the said writ petition came to be dismissed for want of prosecution. The Ministry of Human Resource Development, Department of School Education and Literacy has also filed its affidavit dated 7 th December 2021 in which it is stated that only the Central Board of Secondary Education - CBSE and National Institute of Open Schooling - NIOS were recognized by 16/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: the Ministry of Education. The said Ministry did not recognise or approve any Education Board set up by other entities.
(c) In Writ Petition No.1513 of 2016, affidavit-in-reply has been filed by the Director, Secondary Education Department, State of Karnataka. It has been stated therein that the Block Education Officer, Hubli had been instructed to verify the genuineness of the certificates issued by the BSE, Hubli to the petitioner. The report dated 29 th November 2022 in that regard was submitted by the Block Education Officer in which he had stated that there was no school in the name of Open School Hubballi city range. On that basis, a criminal complaint was filed before the jurisdictional police station. It is further stated that on 27 th February 2018, the State of Karnataka had issued a Circular indicating names of Institutions that were recognised by it. The BSE, Hubli was not included in the said list. Reference is also made to the communication dated 18 th February 2016 as well as the Office Memorandum dated 24 th April 2017 issued by the Ministry of Human Resource Development in that regard.
(d) In Writ Petition No.1508 of 2016, affidavit-in-reply has been filed by the Director, Secondary Education Department, Government of Karnataka. It has been stated therein that the Block Education Officer, Hubli had been instructed to verify the genuineness of the certificates issued by the BSE, Hubli to the petitioner. The report dated 29 th November 2022 in that 17/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: regard was submitted by the Block Education Officer in which he had stated that there was no school in the name of Open School Hubballi City Range. On that basis, a criminal complaint was filed before the jurisdictional police station. It is further stated that on 27 th February 2018, the State of Karnataka had issued a circular indicating names of Institutions that were recognised by it. The BSE, Hubli was not included in the said list. Reference is also made to the communication dated 18 th February 2016 as well as the Office Memorandum dated 24 th April 2017 issued by the Ministry of Human Resource Development in that regard.
(e) Affidavit-in-reply has also been filed by the Deputy Registrar, Eligibility and Migration Certificate Unit of the University of Mumbai in which it is stated that as the BSE, Hubli was not recognized by the COBSE, the petitioner was not eligible for pursuing the undergraduate course in an Institution affiliated to it.
8. Mr. Rui Rodrigues, the learned counsel appearing for the University of Mumbai opposed the writ petitions. He referred to the affidavit in reply filed on behalf of the University of Mumbai as well as the Circular issued by the Enrollment, Eligibility and Migration Certificate Unit of the University of Mumbai . According to him the University of Mumbai was justified in holding the petitioners ineligible for seeking admission at the 18/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: undergraduate courses in colleges affiliated to it. The BSE, Hubli had not been granted membership of the COBSE and therefore the petitioners could not be treated to be eligible to seek admission. Merely on the ground that the petitioners had been admitted in view of interim orders passed in the writ petitions, they were not entitled for any further relief in absence of their eligibility to seek admission. The education undertaken was at the risk of the petitioners and subject to outcome of the writ petitions. He therefore submitted that there was no reason to interfere with the impugned communications issued by the University of Mumbai holding the petitioners ineligible. The writ petitions were liable to be dismissed.
9. We have heard the learned counsel for the parties at length and with their assistance, we have perused the relevant documents on record. At the outset, we may take up for consideration Writ Petition No.4336 of 2016. The petitioner passed her Senior Secondary Examination from the BSE, Hubli in July 2015 and thereafter obtained admission at the respondent no.4-Institution. The petitioner has filed an additional affidavit dated 27th November 2024 wherein she has stated that in February 2015 she passed her Higher Secondary Certificate Examination from the Maharashtra State Board of Secondary and Higher Secondary Education, Pune. She has further stated that by virtue of various interim orders 19/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: passed in the writ petition, she appeared for all the examinations at the BDS course and thereafter successfully completed the said course in September, 2019. She further completed her one year internship on 15 th October 2020. She was issued an Internship Completion Certificate on 3 rd September 2021.
10. After the petitioner filed her additional affidavit, there has been no rejoinder filed by any of the respondents. In the light of the fact that the petitioner possesses a Higher Secondary Certificate issued by a recognised Education Board coupled with the fact that she has completed her BDS course as well as internship, it is not necessary in these facts to go into the correctness of the impugned communication dated 3 rd February 2016 qua the petitioner. Suffice it to observe that in the light of the fact that the petitioner has passed her Higher Secondary Certificate Examination from a recognised Education Board, the writ petition is allowed in terms of prayer clause (b), which reads as under :-
"(b). That the Hon'ble Court may be pleased to declare that the present petitioner is eligible to pursue the First Year Degree Course in B.D.S. in respondent no.4 -
College which is affiliated with respondent no.3 i.e. Maharashtra University of Health Science, Nashik." Consequently, the respondents shall treat the petitioner as eligible 20/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: for pursuing the BDS course since inception. All consequential steps be taken pursuant to this declaration. Rule in Writ Petition No.4336 of 2016 is made absolute in aforesaid terms with no order as to costs.
11. Coming to the other writ petitions, at the outset, it would be material to refer to the Executive Order issued by the Deputy Director of Public Instructions, Dharwad, Government of Karnataka dated 18 th March 2015. It has been stated therein that the BSE, Hubli was an autonomous institution registered under the Government of Karnataka. The BSE, Hubli had proposed to introduce the Open Schooling system in the State of Karnataka. After carefully examining the proposal submitted by the BSE, Hubli for introducing Open Schooling Programmes in the State of Karnataka, it was permitted to function as a self-sustained / non- governmental body without any financial support from the State Government. Its further communication of the same date indicates that the examination conducted by the BSE, Hubli as well as the Certificates of Secondary and Senior Secondary Examination issued by it were recognised by the State of Karnataka.
These communications in clear terms indicate the stand of the Deputy Director of Public Instructions, Dharwad and permit the BSE, Hubli to conduct the Senior Secondary course. The Executive Order dated 18th March 2015 has been issued prior to commencement of the academic session 2015-16, which was the period when the petitioners were issued 21/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: the Senior Secondary School Certificate by the BSE, Hubli.
12. It can be further seen that the Ministry of Human Resource Development has issued an Office Memorandum on 24 th April 2017 wherein it has been clarified that the COBSE had been functioning without any authorization from the Ministry of Human Resource Development. It is stated that though the COBSE claimed that it was responsible for verifying the genuineness / recognition of Schools and Education Board in India, the COBSE was a private organization and its membership was voluntary. The COBSE had not been established by the said Ministry and that membership of the COBSE did not result in automatic grant of status of a recognized Board upon any member Board.
This Office Memorandum clearly establishes that the COBSE was not established by the Ministry of Human Resource Development and that it was a private organization. Its membership did not result in automatic grant of status as a recognized Board or any Board of School Education. This Office Memorandum therefore indicates that obtaining membership of the COBSE did not confer any status or recognition to the BSE, Hubli. In other words, absence of registration with the COBSE would not have any legal effect whatsoever on a Board of School Education.
13. It is to be noted that the only reason assigned by the MUHS as well 22/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: as the University of Mumbai for holding the petitioners ineligible to pursue undergraduate education is that they had passed their Senior Secondary Examination from the BSE, Hubli which was not a member of the COBSE. Once it becomes clear that membership of the COBSE does not give any additional status or recognition to a Board of School Education, the mere reason that the BSE, Hubli was not a member of the COBSE is hardly of any consequence whatsoever. It is thus clear that the reason assigned by the MUHS and the University of Mumbai of absence of the BSE, Hubli being a member of the COBSE cannot come in the way of the petitioners to hold them ineligible for seeking admission in the Under Graduate Courses, Notwithstanding this, it is material to note that even according to the COBSE, as on 22nd June 2015, the BSE, Hubli had submitted an application seeking membership of the COBSE. The status of that application was indicated as "under examination / process". This would indicate that when academic session 2015-16 commenced, the BSE, Hubli's application seeking membership of the COBSE was under
consideration by it. The petitioners are therefore justified in relying upon the steps taken by the BSE, Hubli in seeking membership of the COBSE.
14. Coming to the affidavits filed on behalf of the State of Karnataka through the Director, Secondary Education Department, it is seen that it 23/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: seeks to rely upon a report of the Block Education Officer dated 29 th November 2022 which stated that there was an unauthorised Open School at Akshaya Park, Vidyanagar. On that basis, a First Information Report No.0036/2023 was lodged on 15th February 2023 against the petitioner in Writ Petition No.1513 of 2016.
It is to be noted that the General Secretary, COBSE had on 30 th April 2015 sought verification of various documents from the Office of the Deputy Director, Commissioner of Public Information as regards the BSE Hubli's application for membership of the COBSE. By the communication dated 19th May 2015, the Deputy Director of Public Instructions verified the relevant documents including the application made by the BSE, Hubli on 3rd November 2014 seeking permission for setting up the Board of School Education. The order dated 31 st December 2014 issued by the Directorate of Public Instruction authorising the BSE, Hubli to conduct secondary and senior secondary examinations and issue 10 + 2 certificates was also verified. All these documents duly verified can be seen at pages 94 to 106 as part of the rejoinder affidavit of the petitioners in Writ Petition No.6319 of 2016. It is material to note that all these developments have occurred prior to commencement of academic session 2015-16.
15. In Rajendra Prasad Mathur (supra), various students, whose admissions had been cancelled by the Karnataka University for want of 24/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: necessary eligibility, approached the Supreme Court challenging the order passed by the Karnataka High Court refusing to grant them any relief. On the question of equivalence and eligibility, it was observed that the same was an academic question in which the Court should not disturb the decision taken by the University. It was however noted that in the meanwhile, the students had pursued their education under the orders of the High Court and the Supreme Court and that they had completed their education. While holding that the students were not eligible for admission to the concerned degree course, it was observed that the blame for their wrongful admission was more on the colleges that granted them admission. There was no reason that the students should suffer for the sins of the Managements of the said colleges. On that basis, the students were permitted to continue their studies at the respective colleges while permitting the authorities to take action against the erring colleges.
In Ashok Chand Singhvi (supra), it was observed that if an admission is taken without suppressing any material documents after which the admission is granted, it would not be justifiable to deny such students the permission to continue their admission as well as education.
In Ebtesham Khatoon Vs. Union of India & Ors. , Special Leave Petition No.6658 of 2021 decided on 12 th February 2025, students were admitted to the Undergraduate Ayush Courses without having appeared for the NEET UG 2019 examination. On the ground that there had not 25/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: been proper publication of the applicability of NEET UG 2019 for admission, the students were permitted to continue their education by the learned Single Judge of the Calcutta High Court. The Division Bench however set aside the order of the learned Single Judge holding the students eligible to pursue the course. The students approached the Supreme Court which noted that the students had completed their course for which they were granted admission and that it would be futile to withhold their results. Despite noting that the students could not have been granted admission to the courses as they had not appeared in NEET examination, considering the fact that the students had completed their education and that withholding their results or degree would cause immense hardship to them, they were granted benefit of the education undertaken by them.
In Zaid Sheikh Vs. The State of Madhya Pradesh and Ors., 2025 INSC 353, which decision was referred to by Mr. Rui Rodrigues, learned counsel for the University of Mumbai, the ineligibility of the petitioner was the subject matter of consideration before the Madhya Pradesh High Court. When the proceedings were pending, the petitioner was permitted to attend classes pursuant to interim orders. The High Court ultimately dismissed the writ petition on the ground that the petitioner was initially ineligible to be admitted to the degree course for want of passing English subject in the qualifying examination. In that context, it was observed that 26/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: fulfilling the basic eligibility for admission was a sine qua non which ought not to be overlooked or ignored. However, considering the facts of the case and that the petitioner had thereafter appeared in the English subject examination and had passed, coupled with the fact that he had completed the entire course as well as mandatory internship, he was treated eligible for completing the said course and internship as an eligible student.
16. In these writ petitions, it is seen that at the commencement of academic session 2015-16, the issue with regard to the requirement of having membership of the COBSE was under consideration. According to the COBSE, the BSE, Hubli had made an application seeking its membership. This is clear from the communication dated 22 nd June 2016 issued by the COBSE. The Executive Order dated 18 th March 2015 states that the BSE, Hubli was an autonomous institution registered with the Government of Karnataka. Various documents had been verified in that regard. The stand taken by the Ministry of Human Resources that membership of the COBSE was not mandatory is clear in view of the Office Memorandum on 24th April 2017. All this would indicate that at the relevant time, which is commencement of academic session 2015-16, the issue with regard to membership of the COBSE was a live issue and various communications between the authorities had been exchanged from time to time. In the meanwhile, by virtue of various interim orders 27/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: passed by this Court, the petitioners pursued their respective undergraduate courses from the academic session 2015-16 and some from 2016-17. They have now completed their degree education and some of them have also completed their internship.
We are therefore of the view that keeping in mind the nature of dispute with regard to membership of the COBSE, the entire blame cannot be put on the petitioners. Their pursuit of higher education at the BSE, Hubli appears to be bonafide and genuine. The Executive Order dated 18 th March 2015 issued by the Deputy Director of Public Instruction, Dharwad also cannot be ignored. The anxiety of students and their parents in securing admission at available avenues needs to be borne in mind. Thus, taking an overall view of the matter, coupled with the fact that the petitioners have now completed their education and that it would be extremely harsh to hold them ineligible for seeking admission for their undergraduate education in 2015-16 in these peculiar facts, we hold that the petitioners are entitled to the benefit of the education taken by them for all these years. We may gainfully refer to the maxim Actus Curiae Neminem Gravabit, that an act of the Court should, ordinarily, not prejudice anyone. The same has been relied upon in Zaid Sheikh (supra) and we are inclined to invoke the same in the facts of these writ petitions.
17. As regards the stand of the State of Karnataka in its affidavits dated 28/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: 4th December 2023, it is seen that the inspection by the Block Education Officer was undertaken in November, 2022 which was much after the petitioners were admitted and they were at the fag end of their education. The filing of the First Information Report and the prosecution, if initiated, for being taken at its logical end would take its own time. Suffice it to observe that insofar as the petitioner in Writ Petition No.1513 of 2016 is concerned, declaration of her result and holding her eligible would be subject to outcome of the proceedings initiated pursuant to First Information Report No.0036/2023 dated 15 th February 2023 at the Dharwad Police Station.
18. For all the aforesaid reasons, the writ petitions are allowed. The impugned communications in each writ petition shall not apply qua the respective petitioners. Each petitioner is held to be entitled to declaration of her/his results and award of degrees subject to satisfying other necessary requirements. Insofar as the petitioner in Writ Petition No.1513 of 2016 is concerned, the declaration of her result and award of degree would be subject to outcome of the criminal proceedings, if any, instituted pursuant to First Information Report No.0036/2023 dated 15 th February 2023 lodged at the Dharwad Police Station. It is clarified that the concerned authorities, namely the Ministry of Human Resource Development, the Government of Karnataka, the MUHS, the University of 29/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 ::: Mumbai and the COBSE are not precluded by this judgment from continuing their action/initiating any action against the BSE, Hubli for any illegalities committed by it. Such action, if any, would take its own course in accordance with law.
Rule is made absolute in each writ petition in the aforesaid terms with no order as to costs. The pending Interim Applications are also disposed of.
[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 30/30 MUHS - WP-4336-2016 with IA-16973-2022 & WP-4338-2016 & WP-6319-2016.doc Dixit ::: Uploaded on - 26/05/2025 ::: Downloaded on - 26/05/2025 22:25:22 :::