1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7639 OF 2009 Amit Dharmendra Pal & ors ..Petitioners V/s. The State of Maharashtra & ors ..Respondents Mr.P.K.Dhakephalkar, Senior Counsel a/w.Mr.N.P.Shimpi, Advocate, for the petitioners Mr.P.P.Kakade, Assistant Government Pleader, for respondent No.1 Mr.Chacko Joseph, Advocate, for respondent No.2 CORAM : S.B.MHASE & R.M.SAVANT, JJ. DATE : 9TH OCTOBER, 2009 P.C. . By Order dated 22nd September, 2009, we have directed respondent No.2 to give Provisional Certificates to the petitioners and also similarly situated students in 28 private Homeopathic Medical Colleges. When we heard this Petition for admission the respondent No.2 was called upon to file a reply, accordingly reply was filed. In the said reply, respondent No.2 has specifically 2 mentioned the names of 28 Colleges in the State of Maharashtra including the College where the petitioners were taking education that they have not paid inspection charges and therefore, the Provisional Certificates of the students of those Colleges have been held up by respondent No.2. What is pertinent to be noted here is that in the said Affidavit-in-reply and/or when the matter was argued, the learned counsel for respondent No.2 never submitted before us that the Provisional Certificates have already been despatched by it in January, 2009. Therefore, on the basis of the admitted position before this Court, we disposed of the above Writ Petition by giving directions as mentioned in the above Order dated 22nd September, 2009, since none of the students , who were eligible to get the Provisional Certificates from the 28 Colleges including the petitioners were given the Provisional Certificates by respondent No.2. When we directed compliance of our directions, now a summersault has been taken by the 3 respondent No.2 to state that the Certificates had already been despatched in January, 2009. For this despatch there is no evidence except that certain parcels were sent to the Postal Department. There are no acknowledgements with respondent No.2. The record also does not disclose what were the parcels and the contents of the parcels except the mention of the same in the Affidavit-in-reply of respondent No.2. The said documents produced on record do not conclusively prove that the Provisional Certificates were despatached. Therefore, an inference cannot be drawn that it contained the Provisional Certificates. Because had it been really the case then respondent No.2 would have contended in the earlier Affidavit-in-reply that the Certificates have already been despatched in January, 2009. This in fact leads to an inference that the respondent No.2 had decided not to grant the Provisional Certificates to the students. Therefore, what we find is that it is the case of the respondent No.2 that they have already 4 despatched the said Provisional Certificates. We do not desire to go into the said aspect or enquire into the aspect of the Provisional Certificates being sent by parcel. The respondent No.2 may make an enquiry in respect of the parcels which according to it has already been despatched by it and can query the Postal Authorities as to what has happened to the parcels. The respondent No.2 may also take action for the negligence, lapses etc. by the Postal Authorities, if so required. The fact remains that as of date the grievance of the petitioners is that the Provisional Certificates have not been received by the petitioners and the students in the said 28 Colleges. 2. We, therefore, direct respondent No.2 to issue the original Provisional Certificate to each of the students covered by our earlier Order. We further direct that respondent No.2 will obtain an acknowledgement of every student, who is eligible to get the original Provisional Certificate and 5 thereafter, hand over the original Provisional Certificate to him and for that purpose respondent No.2 will depute its Officer to visit each of the Colleges informing the date on which he is going to visit the College and will personally hand over the original Provisional Certificates to the students, who are eligible to get the Provisional Certificates and after compliance of this Order to submit a compliance report with the documents in acknowledgement that the students have received the same. The said report to be submitted in the form of an affidavit. This exercise shall be completed by respondent No.2 within a period of three weeks. ( R.M.SAVANT, J.) ( S.B.MHASE, J. )