As per case facts, the Petitioner and other students sought a direction to appear for examinations for a Certificate Course in Health Sanitary Inspector after their institute admitted them in ...
RJ-WP 7978.2026.doc
Kavita S.J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7978 OF 2026
Janhavi Vinod Shegonkar …Petitioner
Versus
State of Maharashtra & Ors., …Respondents
----------
Mr. Sariputta Sarnath for Petitioner.
Mr. A.I. Patel, Addl. G.P. a/w V.G. Badgujar, AGP for Respondent Nos.
1 to 3 – State.
Mr. Krishnakant Dhere for Respondent No.4.
----------
CORAM :R.I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
RESERVED ON : 24
th
AUGUST, 2026.
PRONOUNCED ON : 8
th
SEPTEMBER, 2026.
JUDGMENT: (Per R.I. Chagla, J.)
1. By this Writ Petition, the Petitioner is seeking a direction
to Respondent No. 2 to issue hall tickets, conduct demo examination,
practical and final examinations to be held on 1st and 2nd July 2026
for the Certificate Course in Health Sanitary Inspector of the
Petitioner and other similarly placed students. Further consequential
relief has also been sought.
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KAVITA
SUSHIL
JADHAV
Digitally signed
by KAVITA
SUSHIL JADHAV
Date: 2026.09.08
14:45:22 +0530
RJ-WP 7978.2026.doc
2. The Petitioner has amended the Petition pursuant to the
Order dated 12th August, 2026 by joining Applicants as party
Respondents. The Applicants are similarly placed as the Petitioner
who has filed the petition.
3. The newly joined party Respondents have supported the
Petition.
4. The facts briefly stated are as under:
(i) The Petitioner claims to have secured admission
to the Certificate Course in Health Sanitary Inspector
for the Academic Year 2025-2026. This is based on the
premise that Respondent No. 4 – Institute has
uploaded information of 161 students, which included
the Petitioner, on the Web Portal along with their fees,
and it is averred in the Petition that the admission was
accepted by Respondent No. 2 and at no point of time
objected to until the Respondent No. 4 - Institute
sought additional intake for the aforesaid Certificate
Course.
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(ii) The Respondent No. 2 issued a Letter dated
13th September 2024 directing Respondent No. 3 to
stop accepting any Applications for new institutions,
courses, or additional intake of students.
(iii) The Respondent No. 4 - Institute, in which
Institute the Petitioner claims to have secured
admission, had, on various dates, viz. 10th July 2025,
27th October 2025, 10th November 2025, and 14th
November 2025, sought permission from Respondent
No. 3, for additional intake to the said Certificate
Course in Health Sanitary Inspector.
(iv) The Respondent No. 3, vide Letter dated 18th
July 2025, sought clarification from Respondent No. 2
with regard to increase of intake to the said Certificate
Course in view of the Application of the Respondent
No. 4 – Institute.
(v) The Respondent No. 3, vide Letter dated 4th
December 2025, informed the Respondent No. 4 –
Institute that request for additional intake has been
rejected.
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(vi) The Respondent No. 3, vide Letter dated 17th
December 2025, intimated the Respondent No. 4 -
Institute that the Institute shall attract penalty under
the Maharashtra Unauthorized Institutions and
Unauthorized Courses of Study in Agriculture, Animal
and Fishery Sciences, Health Sciences, Higher
Technical and Vocational Education (Prohibition) Act,
2013, (for short “the Act”), for admitting excess
students than the intake capacity.
(vii) The Respondent No. 3, vide letter dated 8th
April 2026, once again informed the Respondent No. 4
- Institute that their Application for additional intake
capacity has been rejected.
(viii) The students, including the Petitioner of the said
Certificate Course, vide Letter dated 17th June 2026,
wrote to the Respondent No. 3 requesting them to
appear for the aforesaid examinations in the said
Certificate Course.
(ix) The present Petition has been filed in view of
the Respondent Nos. 2 and 3 not granting permission
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RJ-WP 7978.2026.doc
to the Petitioner for appearing in the aforesaid
examination for the said Certificate Course.
(x) Subsequent to the filing of the Petition, it was
informed to this Court on 25
th
June, 2026 that the
Petitioner had filed an Application before the
Competent Authority in terms of the prayer made in
the Petition and a hearing had been held by the
Competent Authority on 19th June 2026. Thereafter,
on the same date viz. 25
th
June 2026, an order was
passed on the Application, which order has been
placed before this Court and taken on record.
(xi) The Respondent - State has filed their Affidavit-
in-Reply to the Petition on 29th June 2026.
(xii) The Respondent No. 4 - Institute has also filed
their Affidavit-in-Reply as well as Additional Affidavit-
in-Reply on 2nd July 2026 and 15th July 2026,
respectively.
(xiii) There is an Affidavit-in-Rejoinder filed by the
Petitioner to the Affidavit-in-Reply filed by the
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Respondent – State.
5. Mr. Sariputta Sarnath, the learned Counsel for the
Petitioner, has submitted that the Petitioner and similarly placed
students, who have been joined as Respondent Nos. 5 to 45, were
admitted to the Respondent No. 4 - Institute and have also paid the
their fees for such admission. He has placed reliance upon the List of
161 Students, including 101 excess students, which he submits have
been admitted along with their fees and which are available on the
Web Portal of Respondent No. 2 (Exhibit C to the Petition). This has
also been averred to in Paragraph 6 of the Petition.
6. Mr. Sarnath has submitted that the Respondent No. 4 -
Institute had sought approval of excess intake capacity and the
approval was not granted by Respondent No. 2 and communicated by
Respondent No. 3 vide Letter dated 4th December 2025. This was for
Academic Year 2025-2026. He has submitted that Respondent No. 3,
had issued subsequent Communication dated 8th April 2026,
informing the Respondent No. 4 - Institute that Application for
additional intake capacity for Respondent No. 4 - Institute is rejected.
However, the Petitioner and Respondent Nos. 5 to 45, who had been
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RJ-WP 7978.2026.doc
admitted to the said Certificate Course, were not informed about the
rejection of the Application for additional intake capacity. He
submitted that these students were thus under the impression that
the Respondent - State, taking into consideration the academic losses,
may absorb the students and permit them to complete the said
Certificate Course.
7. Mr. Sarnath has further submitted that the Petitioner
and other similarly placed students requested Respondent No.3 to
permit them to appear for the examination. A hearing was conducted
by the competent Authority on 19th June 2026, when the Petitioner
and other similarly placed students were permitted to be heard. He
has submitted that in view of the delay in deciding the above issue by
Respondent – State, which would result in academic loss to the
Petitioner, that the present Writ Petition was filed.
8. Mr. Sarnath has accordingly submitted that the Petitioner
and other similarly placed students be permitted to take the
examinations for the said Certificate Course as they were under a
legitimate expectation that the Respondent No. 4 – Institute would
obtain permission with regard to their admissions. He has submitted
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that any lapse on the part of Respondent No. 4 - Institute should not
be at the prejudice of the Petitioner and similarly placed students,
given their bonafide belief that their admissions have been accepted
as they have been made to carry on with the said Certificate Course
which is near completion.
9. Mr. A.I. Patel, learned Addl. GP appearing for the
Respondent Nos. 1 to 3 – State, has placed reliance upon the Affidavit
of Respondent No. 2. He has submitted that the Petitioner has made a
false statement in Paragraph 6 of the Writ Petition viz. that the
Petitioner and other similarly placed students who were part of the
101 excess students have been admitted to the Respondent No. 4 -
Institute by paying their fees. The particulars of the 161 students,
including the 101 excess students, is stated to be uploaded on the
Web Portal of Respondent No. 2 (Exhibit-C to the Petition). He has
submitted that this is contrary to the documents produced by
Respondent No. 2 in the said Affidavit. He has submitted that the
true fact is that the entire process of admission is through online
portal https://msbsvet.edu.in. The domain is governed and regulated
by the Government of Maharashtra Skill, Employment,
Entrepreneurship and Innovation Department of Maharashtra State
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Board of Skill, Vocational Education and Training. From this portal,
in the login section of Respondent No. 2 and Respondent No. 4 -
Institute, it clearly appears that only total sanctioned intake by
Respondent No. 2 is 60 seats, and the Respondent No. 4 - Institute
had admitted 60 candidates against the available 60 seats. All
admitted 60 candidates are approved by Respondent No.2 as per
online approval process.
10. Mr. Patel has further submitted that Exhibit-C to the
Petition, which has been relied upon by the Petitioner, is not the
admission confirmation page as seen in the Respondent No.4 -
Institute's online account. After login by Respondent No. 4's Institute,
Paras Skill Development Institute, Akola, the details shown is the List
of Candidates who had applied and not being confirmed by
Respondent No. 4 – Institute.
11. Mr. Patel has submitted that the mere application,
generation or payment of application fees on the online system does
not amount to scrutiny, verification, approval, validation, or
acceptance of the admission by Respondent No. 2. He has placed
reliance upon the relevant documents which have been annexed to
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the Petition in support of his submissions.
12. Mr. Patel has submitted that the Petitioner has
deliberately used the expression "accepted" without there being any
order, communication, or decision of Respondent No. 2 evidencing
such acceptance.
13. Mr. Patel has accordingly submitted that the Petition
deserves to be dismissed on the preliminary ground of misleading
statement made in the Petition and thus not approaching the Court
with clean hands. Reliance has been placed on the decision of the
Division Bench of this Court in Jagdish Ramnaresh Yadav vs. The
State of Maharashtra and Anr, Writ Petition No. 6624 of 2026, vide
Judgment dated 6th July 2026, which has placed reliance upon the
decision of the Supreme Court in S.P. Chengalvaraya Naidu vs.
Jagannath
1
, which lays down that, "a litigant who approaches the
Court, is bound to produce all the documents executed by him which
are relevant to the litigation. If he withholds vital documents in order
to gain advantage on the other side, then he would be guilty of
playing a fraud on the Court as well as on the opposite party."
1
1994 1 SCC 1
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14. Mr. Krishnakant Dhere, learned Counsel appearing for
Respondent No. 4 - Institute has submitted that during the pendency
of the Petition, the competent authority has passed the Order dated
25th June 2026, holding the admissions of 101 students in excess of
the sanctioned intake to be unauthorized, refusing permission to such
students to appear for the examination, directing refund of fees,
imposing penalty upon Respondent No. 4 - Institute, and directing
furnishing of an undertaking. He has submitted that the said order
has been passed inspite of Respondent No. 4 - Institute repeatedly
requesting enhancement of intake, and after the students had already
completed substantial part of the academic course.
15. Mr. Dhere has submitted that the Respondent No. 4 -
Institute has filed an Appeal from the said Order dated 25th June
2026 within the prescribed period of limitation, and which is pending
consideration before the appellate authority. He has accordingly
submitted that the said order dated 25th June 2026 is under
challenge and has not attained finality.
16. Mr. Dhere has submitted that the Respondent - State on
similar issue concerning welfare of students have allowed 50 students
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of MG Paramedical Technical Development Institution, Gondia in the
Year 2022 to appear for examination vide Order dated 6th May 2022.
17. Mr. Dhere has further submitted that there are orders
which have been passed by Respondent - State granting additional
intake to other institutions on earlier occasions, and which orders
have been relied upon by Respondent No. 4 – Institute and annexed
to their Additional Affidavit-in-Reply. He has submitted that
Respondent No. 4 - Institute possesses infrastructure several times
more than the minimum requirement prescribed by the Government
authorities which is sufficient to conduct the said Course. He has
placed reliance upon the building plan, infrastructure details and
photographs which have been annexed to the Additional Affidavit.
18. Mr. Dhere has submitted that it was only on 4th
December 2025, for the first time, Respondent No. 2 specifically
informed Respondent No. 4 - Institute that admissions made in excess
of the sanctioned intake would not be considered. Until the issuance
of this communication, Respondent No. 4 – Institute genuinely
believed that the proposal for enhancement remained under active
consideration.
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RJ-WP 7978.2026.doc
19. Mr. Dhere submitted that the admissions of the Petitioner
and other similarly placed students were never made with any
dishonest intention or any intent to violate the directions of the
Respondent authorities. He submitted that Respondent No. 4 -
Institute honestly believed that approval for enhancement of intake
would be granted, considering the available infrastructure, previous
approvals granted, and the continued correspondence with the
authorities.
20. Having considered the submissions, it appears from the
documents produced by Respondent No. 2 in its Affidavit dated 29th
June 2026, that Respondent No. 2 had sanctioned intake in
Respondent No. 4 - Institute of 60 seats, and Respondent No. 4
Institute had in fact admitted 60 students against the sanctioned 60
seats. The entire process of admission is through the online portal
[https://msbsvet.edu.in], which domain is stated to be governed and
regulated by the Government of Maharashtra Skill, Employment,
Entrepreneurship and Innovation Department, Maharashtra State
Board of Skill, Vocational Education and Training. The 101 students,
which includes the Petitioner and Respondent Nos. 5 to 45, have not
secured admission in the Respondent No.4 – Institute given the
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sanctioned intake capacity of 60 seats and admittedly 161 students
having applied for the said Certificate Course in Health Sanitary
Inspector. Thus, there is a misleading statement made in Paragraph 6
of the Petition that the names of 161 students, including 101 excess
students, have been included on the Web Portal of Respondent No. 2
along with their fees paid and which has been accepted by
Respondent No. 2 and at no point of time objected to by Respondent
No.2.
21. Accordingly, we find much merit in the submission on
behalf of Respondent Nos. 2 and 3 viz. that the Petitioner, by making
such a misleading statement, has come to this Court with unclean
hands, and on this ground alone, the Petition deserves to be
dismissed with costs.
22. The Respondent No. 4 - Institute, has inspite of being
aware that their Application for additional intake for the said
Certificate Course having been rejected on 4th December 2025 and
intimated to them vide Communication dated 17th December 2025
addressed by Respondent No.3, including it being stated in the said
communication that Respondent No. 4 - Institute shall upon
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admitting excess students than the approved intake capacity, attract
penalty under the Act, has admitted the 101 excess students and
allowed them to continue with the said course in Respondent No. 4 –
Institute. The Respondent No. 4 - Institute has acted in blatant
violation of the Act. This has necessitated the Order dated 25th June
2026 passed by Respondent No.2 imposing a penalty on Respondent
No. 4 – along with the refund of the fees to the 101 excess students.
23. We find such conduct of Respondent No. 4 - Institute,
which conduct itself gives an impression to the 101 students that
they are being continued in the said course as if their admissions
have been sanctioned, suffering from malafides apart from being
unauthorized.
24. We do not accept the submission on behalf of
Respondent No. 4 - Institute that merely because there are orders
granting additional intake to other students on earlier occasions,
their conduct can be justified. Merely by filing an Appeal before the
appellate authority against the Order dated 25th June 2026, and
without any stay being granted, it cannot be contended that the said
order has not attained finality.
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25. In these circumstances of the present case, apart from
the finding that the Petitioner has not come with clean hands, for
which the Petition requires to be dismissed, the Respondent No. 4's
conduct also cannot be exonerated. Hence, we impose costs on
Respondent No. 4, which is quantified in the sum of Rs. 50,000/-
payable to the High Court Staff Welfare Fund, Bombay.
26. It has been a consistent view in several decisions of the
Supreme Court including in the decision of this Court in Nandini
Prakash Ingawale & Anr. Vs. State of Maharashtra, Through its
Department of Medical Education and Drugs and Ors.
2
that where the
institute has admitted the Petitioners inspite of not fulfilling the
requisite qualification by charging them the fees, the management of
the Institute is required to not only return the entire fees collected
from the Petitioners but also pay the costs for such conduct.
27. We accordingly pass the following order:
(i) The Writ Petition is dismissed.
(ii) The Respondent No. 4 - Institute shall pay a sum
2
2025 SCC OnLine Bom 3847
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of Rs. 50,000/- (Rupees Fifty Thousand only) as and by
way of costs imposed upon them to the High Court Staff
Welfare Fund, Bombay payable within a period of two
weeks from the date of uploading of this order.
[ FIRDOSH P. POONIWALLA, J. ] [ R.I. CHAGLA, J.]
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