wp10107.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.10107 OF 2010 Aashish s/o Baliram Jadhav, Age-20 years, Occu:Education, R/o-Plot No.B-26, N-4, Cidco, Aurangabad, Through Baliram s/o Jaising Jadhav, Age-50 years, Occu:Business, R/o-Plot No.B-26, N-4, Cidco, Aurangabad, ...PETITIONER. VERSUS 1) Maharashtra University of Health Science, Nashik, Mashroo, Dindori Road, Nashik, Through Registrar, 2) Aditya Bahu-uddeshiya Sanstha, Nalwandi Naka, Peth, Pimpalner Road, Beed, Tq. & Dist-Beed, Through Director, 3) Aditya Ayurved College, Nalwandi Naka, Peth, Pimpalner Road, Beed, Tq. & Dist-Beed. ...RESPONDENTS. wp10107.10 2 ... Shri.Baliram Jaising Jadhav, Party-in-person for Petitioner. Shri.K.D. Bade Patil Advocate for Respondent No.1. Shri.A.M.Karad Advocate for Respondent Nos.2 and 3. ... CORAM: NARESH H. PATIL AND S.V. GANGAPURWALA, JJ. DATE : 13TH JANUARY, 2011. ORAL JUDGMENT [PER S.V. GANGAPURWALA, J.] : 1. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the admission stage itself. 2. This Petition is filed seeking direction against the Respondents to deliver the original documents submitted by the Petitioner with Respondent No.3 College. 3. It is contended by the Petitioner that he wp10107.10 3 had taken admission in Respondent No.3 College and thereafter he came to know that Respondent No.3 College is not possessed with the required permission to run the College and as such he gave an application to the Respondent No.3 to cancel his admission. The Petitioner also sought the original documents, which he has submitted at the time of applying for admission. According to the Petitioner, the Respondent No.3 College is not returning the said documents and illegally asking for Rs.45,000/- (Rupees Forty Five Thousand). 3. Shri. Karad, learned counsel appearing for Respondent No.3 College submits that as the Petitioner had taken admission in the College, unless he pays the fees, the College has right to retain the said documents. 4. The fact that the Petitioner had submitted original documents with the Respondent No.3 College at the time he applied for the wp10107.10 4 admission, is not disputed. The Petitioner had immediately cancelled the admission. The course of B.A.M.S. is of 4 and 1/2 years. The Respondent No. 3 College does not have any right of lien over the said documents. In such circumstances, it would be improper on the part of Respondent No.3 College, to retain the said documents. In the result, we direct the Respondent No.3 College to return the original documents submitted by the Petitioner, to the Petitioner within a period of FIFTEEN DAYS from today. We have not opined anything on the other averments made by the Petitioner in the Petition. 5. Rule made absolute on the above terms, however, with no order as to the costs. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL, J.] asb/JAN11/wp10170.10