Bombay High Court

MOHD MOHIUDDIN ARSALANversusTHE STATE OF MAHARASHTRA AND OTHER

Disposal: Disposed off/Dismissed for default
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The petition was allowed, and the university was directed to issue the degree certificate to the petitioner.

Summary

The petitioner, an engineering student, mistakenly clicked the cancellation button on the Directorate of Technical Education (DTE) website, leading to the cancellation of his admission to Jawaharlal Nehru Engineering College. He filed a writ petition seeking a direction that his admission not be cancelled and to quash the communications issued by the State and the DTE. The college and its managing society argued that the cancellation was proper because the petitioner himself had initiated it, and that a new candidate needed to be admitted. The High Court noted that it had previously protected the petitioner’s admission on 30‑11‑2017 and observed that the petitioner had successfully completed the course without any allegation of ineligibility. Consequently, the Court allowed the petition, directing the university to issue the degree certificate if it had not already been done.

Issues considered

Whether an admission cancelled inadvertently by the student on the DTE portal can be set aside by the court.
Whether the university is obligated to issue a degree certificate to the petitioner after the course completion despite the cancellation communications.

Subjects

admission cancellation
technical education
online admission portal
degree issuance
writ petition
higher education
procedural error

Judgment

2026:BHC-AUG:3888-DB




                                               (1)                     wp13655.17


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                            WRIT PETITION NO. 13655 OF 2017

           Mohd. Mohiuddin Arsalan                               ..    Petitioner
           S/o. Mohd. Mutharuddin,
           Age. 18 years, Occ. Student,
           R/o. Younus Colony,
           Near Motiwala Function Hall,
           Aurangabad.

                                              Versus

           1.    The State of Maharashtra                        ..    Respondents
                 Through its Directorate of
                 Technical Education,
                 Mumbai.

           2.    Joint Director,
                 Technical Education Department,
                 Regional Office, Aurangabad.

           3.    Principal,
                 Jawaharlal Nehru Engineering College,
                 Aurangabad.

           4.    Mahatma Gandhi Mission,
                 Through its Secretary,
                 Aurangabad.

           5.    The Registrar,
                 Dr. Babasaheb Ambedkar Technological
                 University, Vidyavihar, Lonere,
                 Raigad – 402 103, M.S.

           Mr. Quadri Syed Raheel h/f. Mr. S.S. Kazi, Advocate for the petitioner.
           Mr. S.P. Joshi, AGP for respondent Nos. 1 & 2 - State.
           Mr. V.S. Kadam, Advocate for respondent Nos. 3 and 4.
           Mr. A.R. Borulkar, Advocate for respondent No.5.
                                     (2)                   wp13655.17


                                CORAM : KISHORE C. SANT &
                                        SUSHIL M. GHODESWAR, JJ.
                                DATE  : 28.01.2026


ORAL JUDGMENT [PER : KISHORE C. SANT,J.] :-



01.         Rule.   Rule made returnable forthwith.    By consent of the
parties, heard finally.


02.         The petitioner - a student of Engineering College has
approached this Court praying for direction not to cancel his admission to
respondent No. 3 - College, run by respondent No.4, for the course of
Engineering and for quashing communicationS dated 14.11.2017, issued
by respondent No.1 and communication dated 14.11.2017 issued by
respondent No.2 pursuant to the communication of respondent No.1. It
is case of the petitioner that he filled online form and sought admission
to Engineering course.     He was given admission, however, due to
oversight he pressed button showing cancellation of admission on DTE
website on 16.09.2017.     It is his case that it was done inadvertently.
The petitioner was missed from pursuing the course. His admission was
made strictly on merit basis.   He was never disqualified or held to be
ineligible to take admission.    It is only due to inadvertence further
complications arose.


03.         Learned Advocate for respondent Nos. 3 and 4 does not have
serious objection to the petition.   It is only stated that because of the
pressing of cancellation option button, the admission was cancelled by
                                           (3)                     wp13655.17


respondent No.1 and they have only obeyed orders of respondent Nos. 1
and 2.           It is a case that the petitioner himself has cancelled the
admission.            It was necessary to cancel the admission.        Unless the
admission is formally cancelled, no new candidate would have been
admitted to the course.


04.                Be it as it may, this Court finds that this Court by order dated
30.11.2017 had protected admission of the petitioner.              As of now the
course is completed by the petitioner successfully. Since now the course
is already completed and as there is no complaint about ineligibility or
disqualification of the petitioner, this Court finds no difficulty in accepting
case of the petitioner.


05.                This petition stands allowed in terms of prayer clause (B).
The University to issue necessary degree certificate, if not already issued.
Rule made absolute accordingly.




[SUSHIL M. GHODESWAR, J.]                              [KISHORE C. SANT, J.]


snk/2026/Jan26/wp13655.17

Continue reading with your account

Checking your session…