SANJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard the learned counsel for Petitioner and the learned APP for final disposal. No hearing was given to Mr. M. S. Deshmukh, learned counsel as he has no role in the present matter so far as relief prayer clause (B) is concerned.

(2.) Complainant, Sanjay Pawar is the father of one student. Application was moved for admission of the son of Petitioner in Diploma Architecture Draftsman course in one institution by name Adarsh Shikshan Prasarak Mandal. This was for academic year 2014-15. As there was some grievance in respect of this institution, permission granted by the authority was cancelled. In respect of said course, crime is already registered against the management. In the present matter, there are allegations made by the Petitioner that the record supplied for getting admission of his son in diploma in Architecture Draftsman course was misused by the management and when there was no application made for getting admission in diploma course for E & T, admission was shown in the course of his son. Not only the admission was shown, but steps were taken by the management to see that scholarship amount is released in favour of his son, which is available as per the scheme of the Government. He belongs to scheduled caste. As the account was opened in one bank in the name of his son, which was in respect of diploma in Architecture Draftsman course, that account was used and after deducting the share of institution, the remaining amount, which was around Rs.2,000/- was credited in the said account of the son of Petitioner.

(3.) The record is produced to show that the amount of Rs.42,795/-, which was received as scholarship amount from the Government was shown to be used for fees and other charges of the institution in respect of diploma in E & T course. There is record produced to show that this amount was shown to be used by the management and there is a certificate in respect of amount of Rs.2,14,000/- and this certificate is in respect of some reserved caste students including the son of present Petitioner. The record is produced to show that the institution misused copies of documents produced for another course and by using aforesaid modus operandi, the institution collected amount from the Government and that amount of the Government is misappropriated.