Bombay High Court
RAJWARDHAN VIKAS DESHMUKHversusTHE STATE OF MAHARASHTRA THRU THE COMMISSIONERATE COMMON ENTRANCE TEST CELL AND ORS
- Disposal
- Disposed Off
Holding
The Court confirmed the interim orders, directed the college to issue a fresh mark‑sheet without the remark, and disposed of the writ petition, allowing the petitioner to pursue post‑graduation in the open category.
Summary
The petitioner, a SEBC candidate, secured admission to an MBBS programme after a re‑evaluation raised his HSC marks to the required threshold. The college issued show‑cause notices alleging that the petitioner had misrepresented his marks and subsequently refused to issue a clean mark‑sheet, noting a remark ‘subject to outcome of this writ petition’. The petitioner approached the High Court, which earlier protected his admission and ordered the college to return his documents. On the present application, the Court held that the petitioner had completed the MBBS course and that no reversal of his admission could be ordered; the remark on the mark‑sheet was an impediment to his post‑graduation aspirations. Accordingly, the Court confirmed the interim orders, directed the college to issue a fresh mark‑sheet without the remark within two weeks, and disposed of the writ petition, allowing the petitioner to seek post‑graduation in the open category.
Issues considered
- Whether the college may retain a remark on the petitioner’s mark‑sheet pending the outcome of the writ petition.
- Whether the petitioner’s MBBS admission can be reversed after he has completed the course.
- Whether the petitioner is entitled to a fresh mark‑sheet free of the said remark.
- Whether the interim orders protecting the petitioner’s admission remain in force.
- Whether the petitioner must forgo the SEBC reservation benefit for post‑graduation.
Subjects
- SEBC reservation
- MBBS admission
- eligibility
- mark‑sheet remark
- post‑graduation
- writ petition
- interim order
- higher education
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12339 OF 2019
Rajwardhan Vikas Deshmukh ...Petitioner
Versus
The State Of Maharashtra And Ors ...Respondents
WITH
INTERIM APPLICATION NO. 29 OF 2026
IN
WRIT PETITION NO. 12339 OF 2019
Rajwardhan Vikas Deshmukh ...Applicant
IN THE MATTER BETWEEN
Rajwardhan Vikas Deshmukh ...Petitioner
Versus
The State Of Maharashtra And Ors ...Respondents
…..
Adv. Anil S. Sakhare i/b Adv. Kalpesh patil, for Petitioner.
Adv. Mrunal Tavade a/w Adv. Vedantika Naik i/b Little & Co. for the
Respondent No.5.
Mr. V. M. Mali, A.G.P. for Respondent- State.
Mr. Ganesh Gole a/w Mr. Kunjan Makwana, for the Respondent No.3-
NMC.
Adv. Vijay Killedar, for the Respondent No.4.
Nagesh Y. Chavan, for the Respondent No.1-CET Cell.
…..
CORAM : R.G. AVACHAT &
AJIT B. KADETHANKAR, JJ.
DATE : 2nd FEBRUARY 2026.
P.C:
1. The petitioner appeared for HSC Board examination and NEET in
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the year 2019. He initially secured 149 marks in Physics, Chemistry and
Biology (PCB group) in the HSC examination. After revaluation of his
answer sheets, he was declared to have secured 151 marks. For being
eligible to appear in NEET, he was expected to secure minimum 150
marks i.e. 50% marks. For candidates belonging to SEBC, requirement
for eligibility was 40% of marks.
2. In the meanwhile, the State Government came with a policy of
reservation to socially and economically backward classes. The
petitioner obtained a certificate of SEBC and then he secured admission
to first year MBBS Course.
3. The respondent-College served petitioner with show cause
notices, which are as under :
“i)
KIMSDU/G-3/741/2020 Date: 02/03/2020
:SHOW CAUSE NOTICE:
To,
Deshmukh Rajwardhan Vikas,
Islampur.
This show cause notice is in the context of your non-submission of the required
documents to KIMS, Karad, to fulfill the eligibility criteria required for the admission
to MBBS.
Counseling for admission to MBBS offline mop up round was conducted on 29 th, 30th
and 31st August 2019 as notified on the website www.kimskarad.in. On 30th August
2019 after the counseling for NRI, 17 NRI seats were converted to General category
(Management category). Attendances of those present were recorded from 9.30 AM
to 10.30 AM as per the notification and merit list duly signed by the candidates was
operated.
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Deshmukh Rajwardhan Vikas, NEET All India Rank 467486, shown in the list
provided by Medical Counseling Committee (MCC/DGHS) stood 8 th in the KIMSDU
Merit list on 31/08/2019. Revaluation statement stamped by the board and duly
signed was shown by you which reflected Physics, Chemistry and Biology aggregate
as 151. You submitted a written application stating that you will submit the 12th
mark list on 3rd September 2019. Your father Dr. Vikas Ananda Deshmukh submitted
another application on the same day stating that he will submit the 12th Mark list
(after revaluation) on 5th September 2019. In the application he also stated that he
is submitting the revaluation result copy provided by the board for verification. Till
date you have not submitted the revised mark list. You were given a period up to
05/09/2019 to produce the said documents required to fulfill all the eligibility
criteria, but you failed to do so. The above act committed by you, amounts to
misconduct.
Your MBBS admission was provisional on following assumptions-
a. You submitted 151 marks (HSC) in your online-application
made to this university while making application for vacant seats.
b. You showed a revaluation statement stamped and duly signed
showing Physics, Chemistry & Biology aggregate as 151.
c. You and Your father submitted written statement to the
university that the original mark sheet (HSC) will be submitted by
05/09/2019.
Now it appears that-
a. You deliberately submitted incorrect marks in your online
application made to this university.
b. As per the Mark list submitted by you, you scored only PCB
aggregate of 149 and not 151.
c. You mislead this office and took admission giving wrong
information.
In the meantime you have approached the Honorable High Court, and the Honorable
Court by order dated 19th September 2019 was pleased to issue a notice to the
parties and directed the College (Respondent No.6) not to cancel your admission.
In view of above you are called upon to note that;
a. Your enrollment as a student in this Institution is pending for
want of original HSC mark sheet with required marks.
b. Your eligibility for MBBS course is pending as you are not
eligible for the course as per the documents submitted by you.
c. In such a situation you cannot appear for First MBBS university
examination to be held in August/Sept. 2020.
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This showcase notice is issued to you to explain, why eligibility should not be
rejected for want of documents showing your eligibility.
If you want to submit your say on above issues you should submit it within 7 days,
otherwise it will be assumed that you accept and agree to the above. Please
acknowledge the receipt of this letter.
ii)
-----
KIMSDU/G-3/3031/2020 Date: 09/10/2020
FINAL REMINDER
To,
Mr. Rajwardhan Vikas Deshmukh,
Deshmukh (Satre) Hospital and Research Centre,
Omkar Colony, Road No. 1, Datta Corner,
Opposite Bus Stand, Kisannagar,
Uran Islampur-415409,
Tal: Walwa, Dist: Sangli, Maharashtra.
Subject : Your ineligibility for MBBS Course.
Reference : 1. Our Show Cause Notice Dated 02.03.2020
2. Our letter dated 11.03.2020 and 20.03.2020
3. Your reply to our letter (11.03.2020) dated 17.03.2020
In reference to the subject and reference cited above we are again enclosing copies of
correspondence between you and Krishna Institute of Medical Sciences "Deemed To
Be University" as requested by you:
1. Your letter dated 31.08.2019.
2. Your father's letter dated 31.08.2019,
3. Our show cause notice dated 02.03.2020.
4. Your reply dated 06.03.2020 to our letter dated 02.03.2020.
5. Our letter dated 11.03.2020.
6. Your reply dated 17.03.2020 to our letter dated 11.03.2020.
7. Our reply dated 20.03.2020.
In view of the aforementioned correspondence this is to inform you that the final
stand of the university is that you are not eligible for MBBS course and cannot
appear for the forthcoming 1stMBBS Exam.”
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---
4. The petitioner approached this Court and by order dated
19.09.2019, his admission to MBBS was protected. With the passage of
time, the petitioner has successfully completed MBBS. He now proposes
to pursue post-graduation in medical science and therefore, initially
preferred this application for deletion of the remark, which has been
recorded on his mark-sheet by the college, which stated that the mark-
sheet was issued “subject to the outcome of the decision in the present
writ petition.”
5. This Court, by an interim order, directed the respondent-College
to return or hand over the petitioner’s mark-sheet and all other related
documents.
6. For pursuing post-graduation, the remark on the mark-sheet is
said to be an hurdle.
7. Learned Senior counsel for the petitioner makes a statement that
the petitioner will file an affidavit to the effect that he would not claim
any benefit of SEBC. He will seek admission in open category.
8. In our considered view, in view of interim orders passed in this
writ petition, there can be no reversal of the petitioner’s admission. The
petitioner has successfully completed the MBBS course. No order of
reversal could be passed. We, therefore, dispose of the writ petition,
confirming the interim orders passed in this writ petition. The petitioner
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is at liberty to pursue post-graduation in open category.
9. The respondent No.6-College shall issue a fresh mark-sheet to the
petitioner without the remark, ‘Subject to outcome of this writ petition’,
within a period of two weeks.
10. In view of disposal of present writ petition, interim application
also stands disposed of.
[AJIT B. KADETHANKAR, J.] [R.G. AVACHAT, J.]
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