Bombay High Court
Sonali D/O Bhimrao Khandate vs Maharashtra Animal & Fishery Sciences on 10 August, 2011
Author: B.P. Dharmadhikari
Bench: B.P.Dharmadhikari, P.D. Kode
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.3834/2011
Sonali d/o Bhimrao Khandate,
aged 18 , Occupation: Student,
R/o "Om Niwas, 7 Abhiyanta Colony,
V.M.V Road, Amravati. .. PETITIONER
.. Versus ..
Maharashtra Animal & Fishery Sciences
University, through its Registrar,
Near Hanuman Temple, Futala Road,
Telangkhedi, Nagpur 440 001. .. RESPONDENT
Mrs. Neeta Jog, Advocate for Petitioner.
Mrs. U.A. Patil, Advocate for Respondent
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CORAM : B.P.DHARMADHIKARI &
P.D. KODE, JJ.
DATED : AUGUST 10, 2011
ORAL JUDGMENT (per B.P. Dharmadhikari, J.)
1. Heard.
2. Rule. By consent, Rule is made returnable forthwith and is heard finally.
::: Downloaded on - 09/06/2013 17:37:55 ::: 23. Challenge is to refusal to consider petitioner for admission to B.V. Sc & A.H. 2011-2012. The refusal is because petitioner did not furnish bonafide certificate for the year 2011-2012.
4. Advocate Mrs. Jog points out that petitioner passed 12th standard Board Examination in 2010-2011 and then took admission to B.Sc. Course 1st year in Fergusson College Pune. She appeared for MHT-CET examination conducted in 2011 and is placed at Sr. No. 232. According to her merit, she is eligible for admission. On erroneous ground that bonafide certificate is not produced, the admission has been rejected. Our attention has been invited to certificate of bonafide studentship issued by Fergusson College Pune on 29.6.2011 to contend that said certificate is proper and sufficient.
5. Attention is also invited to Clause 10 (v) which provides such student to make grievance and it is urged that such grievance was made before competent authority and affidavit disclosing all these facts was also filed but then said Grievance Committee has not taken any cognizance of the affidavit.
6. Attention is further invited to no objection certificate dated 27.6.2011 issued by Fergusson College Pune. It is pointed out that said college has stated that College Leaving Certificate will be issued to the petitioner if she secures admission in some other institution. Learned counsel states that along with application for admission , this no objection certificate was enclosed but then at the time of scrutiny it was returned back ::: Downloaded on - 09/06/2013 17:37:55 ::: 3 as not necessary.
7. Advocate Mrs. Jog further states that an error which occurred while drafting petition was noticed. Though that no objection certificate was not accepted by the respondent for admission purposes, in the set handed over by petitioner for drafting the petition, that no objection certificate existed and hence the contention about it has appeared. Attention is invited to separate affidavit filed by the petitioner explaining this inadvertent error and tendering apology.
8. Advocate Mrs. Patil states that alleged no objection certificate dated 27.6.2011 was never tendered to respondent and it was never returned back. Attention is invited to original form as filed by the petitioner to substantiate this contention. Reliance is being placed upon provisions of Clause 8.1 (ii) to urge that application must be accompanied either by School/College leaving certificate or then bonafide certificate. Clause 8.3.1 is also relied upon to show that the said document figures at Sr. No. (v) in list of essential certificates. Learned counsel, therefore, states as petitioner did not furnish necessary document, the claim could not be considered and there is nothing wrong with the refusal by respondent.
9. The admitted position is no objection certificate dated 27.6.2011 was not furnished by the petitioner and did not form the part of application which has been looked into by respondent. The fact whether petitioner made an attempt to submit it and whether it was returned back, is a disputed question. The petitioner thereafter had an opportunity under Clause 10 (v) ::: Downloaded on - 09/06/2013 17:37:55 ::: 4 to make grievance about it before Grievance Committee and there is no such grievance made at that time. The respondent has specifically pointed out that even with grievance application that document was not filed and the document has been annexed for the first time before this Court along with the petition.
10. Perusal of said document dated 27.6.2011 reveals that Fergusson College Pune has confirmed that in case the petitioner succeeds in getting admission to some other institute, necessary school leaving certificate will be issued to her. However, in present situation this no objection certificate cannot be looked into.
11. As per clause 8.3.1 (v), School/College leaving certificate is must. Only alternative is latest Bonafide Certificate that too if candidate has taken admission to other college in the year 2011-2012. It is apparent that in the year 2011-2012 the petitioner did not have such school/college leaving certificate and, therefore, in such case the exception has been provided by enabling her to submit a bonafide certificate instead of such school/college leaving certificate. Here bonafide certificate which petitioner has produced shows that she was bonafide student during academic year 2010-2011 and not during the year 2011-2012. Thus there is nothing on record to show that petitioner has taken admission in any other college during the year 2011-2012. Even no objection certificate does not show that she has taken admission in Fergusson College in 2011-2012. It is, therefore, apparent that petitioner had no option but to submit her school ::: Downloaded on - 09/06/2013 17:37:55 ::: 5 leaving certificate. There is no challenge to Rules governing admission procedure and essential requirement thereof has not been fulfilled.
12. Refusal to consider her eligibility for admission in absence of the school leaving or bonafide certificate by respondent, therefore, cannot be said to be perverse. Hence we do not find any error in the matter. Petition is rejected. Rule discharged. No costs.
JUDGE ig JUDGE
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