Farukh Ilahi Sayyad vs the Registrar University of Mumbai and Ors. — Bombay HC (2026) — LawSathi Research

Farukh Ilahi Sayyad vs the Registrar University of Mumbai and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Respondent Nos. 1 and 3 directed to release the Petitioner's 8th Semester (Final Year) results and his original Degree, Passing and Leaving Certificates, subject to compliance with the requirements of Respondent No.1 – University of Mumbai; no orders as to costs.

Issue for consideration

Whether Respondent Nos. 1 and 3 (University of Mumbai and the College) are to be directed to immediately release the Petitioner's withheld 8th Semester (Final Year) results and his original Degree, Passing and Leaving Certificates, withheld for over eight years for want of a Caste Validity Certificate following the interim stay on the 5% SBC-A (Muslim) reservation. +1 more

Court's answer

Upon the Petitioner's undertaking to pay any additional fees under the open-category process, and subject to compliance with the requirements of Respondent No.1 – University of Mumbai, Respondent Nos. 1 and 3 are directed to release the Petitioner's 8th Semester (Final Year) results and his original Degree Certificate, Passing Certificate and Leaving Certificate.

Ratio / Principle

The Court accepted the Petitioner's counsel's statement that the Petitioner is not taking the benefit of the 5% reservation in view of the GR dated 17 February 2026, that fees have been paid as per the open category (per Receipt Voucher, Exhibit-F), and that the Petitioner will pay any additional fees under the open-category process.

Detailed headnote1 paragraphs

Bombay High Court (R.I. Chagla and Advait M. Sethna, JJ.; order signed by Advait M. Sethna, J.) disposed of a 2026 writ petition by a 2017 B.E. (Electrical) graduate admitted in 2014 under the newly created 5% Special Backward Class (SBC-A) (Muslim) reservation (GR dated 19 July 2014), whose 8th Semester results and original Degree, Passing and Leaving Certificates had been withheld by the University of Mumbai and the College for over eight years pending a Caste Validity Certificate that the Scrutiny Committee stated it was legally unable to issue after this Court's interim stay in Writ Petition (L) No.2053 of 2014 suspending the Muslim reservation. Following GR dated 17 February 2026 (recording that Ordinance No.XIV of 2014 had lapsed and that implementing GRs/Circulars on the 5% reservation stood cancelled), counsel stated the Petitioner was not availing the 5% reservation, fees were paid under the open category (Receipt Voucher, Exhibit-F), and undertook to pay any additional open-category fees. The Court accepted the statement and, upon compliance with the University's requirements, directed Respondent Nos. 1 and 3 to release the 8th Semester results and the certificates. Writ Petition disposed of; no orders as to costs.

910-WP 2014.2026.doc

Kavita S.J.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 2014 OF 2026

Farukh Ilahi Sayyad ...Petitioner Versus

The Registrar, University of Mumbai & Ors., ...Respondents

Mr. Gaurav Ugale i/b Amol Ghuge for Petitioner. Mr. Rui Rodrigues for Respondent No.1. Mr. Manish Kelkar a/w Gauri Phadake for Respondent Nos. 2 & 4.

CORAM : R.I. CHAGLA AND ADVAIT M. SETHNA, JJ.

DATED : 6^th MAY, 2026.

ORDER :

Rule. Rule made returnable forthwith. Heard by consent of parties.

By this Petition, the Petitioner is seeking a direction to

KAVITA SUSHIL JADHAV

Digitally signed by KAVITA SUSHIL JADHAV Date: 2026.05.08 10:46:16 +0530

the Respondent Nos. 1 and 3 to immediately release the Petitioner’s 8^th Semester (Final Year) results and further direction to the Respondent No.3 to release the Petitioner’s original Degree

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910-WP 2014.2026.doc

Certificate, Passing Certificate and Leaving Certificate.

The Petitioner has successfully completed the Bachelor of Engineering (Electrical) Course in the year 2017. The Petitioner initially had been allotted the seat by Respondent No.3 under the Special Backward Class (SBC-A) (Muslim) Category, a 5% reservation newly created by the Government of Maharashtra via GR dated 19^th July, 2014. The Petitioner had also obtained his Caste Certificate dated 22^nd July, 2014 and had demonstrated his eligibility and compliance with the admission norms.

The Petitioner had continued his studies and paid all requisite fees and successfully passed all academic requirements from Semester 3^rd through Semester 7^th . Despite having his mark sheets for all previous Semesters, Respondent No.1 – University and Respondent No.3 – College had withheld Petitioner’s 8^th Semester results and final degree for over last eight years, citing the nonsubmission of the Validity Certificate. This was in view of interim stay granted by this Court in Writ Petition (L) No.2053 of 2014 which suspended the implementation of the Muslim reservation. The Scrutiny Committee had informed the Petitioner that they were

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910-WP 2014.2026.doc

legally unable to process or issue Validity Certificates for this category.

The Petitioner states that he is suffering from immense hardship, as he is forced to work on a lower-level technician job in Dubai based only on his Diploma. Despite being a qualified Engineer, he is unable to seek professional recognition, promotions, or valid engineering roles due to the lack of his 8^th Semester Mark sheet and Degree Certificate. In view thereof, the present Petition has been filed.

The learned Counsel appearing for the Petitioner has referred to the GR dated 17^th February, 2026 which states that the Ordinance No.XIV of 2014 did not receive approval of the Law and Justice Department and it has not been converted into law by 23^rd December, 2014 and hence it has lapsed. The earlier Government Resolutions / Circulars issued in pursuance thereof had automatically stood cancelled. These Government Resolutions and Circulars which are with regard to 5% reservation have accordingly been cancelled.

The learned Counsel appearing for the Petitioner states

that the Petitioner is not taking benefit of the 5% reservation in view

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910-WP 2014.2026.doc

of the GR dated 17^th February, 2026. He states that fees have also been paid as per open category and he has placed reliance upon the Receipt Voucher (Exhibit-F) to the Petition which mentions that fees are paid on “open category” basis. He has also undertaken that in the event any additional fees to be paid on open category process, the Petitioner will pay the same. The statement is accepted.

In view of the above statement, upon compliance with the requirements of Respondent No.1 – University of Mumbai, the Respondent Nos. 1 and 3 are directed to release the Petitioner’s 8^th Semester (Final Year) results and the Petitioner’s original Degree Certificate, Passing Certificate and Leaving Certificate.

The Writ Petition is disposed of in the above terms.

There shall be no orders as to costs.

[ ADVAIT M. SETHNA, J. ]

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