Anand Sheshman Patel vs. The Registrar North Maharashtra University

NON-REPORTABLE

2025 INSC 722
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION


CIVIL APPEAL NO. OF 2025
(Arising out of SLP(C) No.29516 of 2024)


ANAND SHESHMAN PATEL …APPELLANT(S)

VERSUS

THE REGISTRAR NORTH MAHARASHTRA
UNIVERSITY AND ANOTHER …RESPONDENT(S)



J U D G M E N T

B.R. GAVAI, J.

1. In spite of notice being duly served, none appears for
the respondents.
2. Leave granted.
3. By way of the present appeal, the appellant challenges
the judgment and order passed by the Division Bench of the
High Court of Judicature at Bombay, Bench at Aurangabad
th
dated 25 June, 2024, vide which the writ petition filed by
Signature Not Verified
the appellant herein came to be dismissed.
Digitally signed by
NARENDRA PRASAD
Date: 2025.05.17
16:21:34 IST
Reason:
4. The appellant, claiming to be belonging to Kunbi caste
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in OBC Category, had applied for B.Tech (Chemical
Engineering) in Respondent No.2/College. The appellant
applied for and got admission against a seat reserved for
OBC Category. Since the appellant claimed to be belonging
to OBC Category, his caste certificate was sent for verification
before the Scrutiny Committee in the year 2015. Since the
claim of the appellant was not being decided, he was required
to approach the High Court of Judicature at Bombay, Bench
at Nagpur in the year 2017. The Division Bench of the High
th
Court vide judgment and order dated 10 February 2020,
rendered in Writ Petition No.5170 of 2017, found that though
the appellant, by passage of time, appeared for final year
examination still his claim was not being decided. The High
Court, therefore, directed the claim to be decided within a
stipulated period. The High Court also awarded a total costs
of Rs.75,000/- in favour of the appellant herein to be paid by
the three members of the Scrutiny Committee.

5. It appears that subsequently the caste claim of the
appellant was invalidated. Since the mark-sheets and the
degree certificate were not being released by the respondents,
the appellant approached the Aurangabad Bench of the High
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Court of Judicature at Bombay. By the impugned judgment
and order, the writ petition was rejected on the ground that
though the appellant had taken admission against a seat
reserved for OBC category, the claim of the appellant has
been invalidated and so he was not entitled to any relief.
6. We have heard Ms. Shilpa Giratkar, learned counsel
appearing for the appellant.
7. We find that though the appellant had applied for
verification of his caste certificate, the Scrutiny Committee
did not decide the same within a reasonable period.
Ultimately the appellant was required to approach the High
Court, which petition was allowed. The High Court also noted
the callous attitude of the Members of the Scrutiny
Committee and awarded costs of Rs.75,000/- to the
appellant.
8. In the peculiar facts and circumstances, as the
appellant has already completed his course, we find that the
education undertaken by the appellant herein deserves to be
protected. We, however, clarify that the appellant would
hereinafter not be entitled to any of the benefits as are
available to the members of OBC Category.
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9. In that view of the matter, the respondents are directed
to release the marks sheets and degree certificate of the
appellant within a period of four weeks from today.
10.
We clarify that we are passing the present order in the
peculiar facts and circumstances of the case and the same
would not be treated as a precedent.
11. The appeal is, accordingly, disposed of.
12. Pending application(s), if any, shall stand disposed of.


..............................J.
(B.R. GAVAI)



.............................................J.
(AUGUSTINE GEORGE MASIH)

NEW DELHI;
MAY 07, 2025.
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