Anand Sheshman Patel vs The Registrar, North Maharashtra University and Another

2025 INSC 722 NON-REPORTABLE

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)

JUDGMENT

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

dated 25th June, 2024, vide which the writ petition filed by Signature Not Verified Digitally signed by NARENDRA PRASAD the appellant herein came to be dismissed. Date: 2025.05.17 16:21:34 IST Reason:

4. The appellant, claiming to be belonging to Kunbi caste

1 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

Court vide judgment and order dated 10th 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

2 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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