Allowed

Sudyumna Sudeep Nargolkar v. the State of Maharashtra through the Secretary and Ors.

Bombay HC27 Nov 2017WP/11411/2017

Case brief

AI extract

What is this about?

The High Court held that a candidate cannot be denied admission to a Three Years LLB Course merely due to a discrepancy in their SSC or HSC Certificate. Denial is permissible only if there is proof of fraudulent procurement. Consequently, the writ petition was allowed.

What did the court decide?

Rule made absolute granting the relief sought in the interim order.

Sudyumna Sudeep Nargolkar Vs the State of… — Education and Admissions | Bombay HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 11411 OF 2017

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Sudyumna Sudeep Nargolkar ….Petitioners V/s. The State of Maharashtra and Ors. ….Respondents

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Mr. P.K. Dhakephalkar, Senior Advocate i/by. Mr. Ketan Joshi, Advocate for the petitioners.

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Ms. Kavita N. Solunke, AGP for respondents no.1 and 2.

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Mr. S.S. Patwardhan, Advocate for respondent no.3.

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Mr. S.S. Kanetkar, Advocate for respondent no.4.

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CORAM :- B.R.GAVAI & SANDEEP K. SHINDE, JJ. DATE :- 27TH NOVEMBER, 2017.

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P.C. :-

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Rule. Rule, made returnable forthwith. Heard,

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by consent of the Learned Counsel appearing for the

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parties.

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The petitioner has approached this Court since he was denied admission in respondent no.4, College.

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The ground on which the petitioner was denied admission for Three Years LLB Course was that, there was some discrepancy in the Certificate issued by the SSC Board. Vide our order dated 11^th October, 2017 we had observed that, if there is some discrepancy noticed in the SSC or HSC Certificate, the students cannot be penalised for the same.

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In any case, we do not find that a candidate could be denied admission if there is some discrepancy in the SSC/HSC Certificate. Unless it is the case of the authority that the candidate has obtained HSC/SSC certificate fraudulently, the same cannot be made a ground for denying the admission. Admittedly, the relevant criteria for admission of a candidate to Three Years LLB Course would be as per the candidate's ranking

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in the CET examination. In that view of the matter, we

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find that the petition deserves to be allowed. Rule is made absolute in terms of the interim relief passed by this

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Court.

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(SANDEEP K. SHINDE, J) (B.R. GAVAI, J)

Sudyumna Sudeep Nargolkar v. the State of Maharashtra through the Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Sudyumna Sudeep Nargolkar v. the State of Maharashtra through the Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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