12 October,2021 08:49 AM IST | Mumbai | Vinod Kumar Menon
Advocate Rajeshwar Panchal
Despite scoring 74 out of 100 marks in PhD Entrance Exam held on March 27, Rajeshwar Panchal's dream to enrol for PhD hit a roadblock when Mumbai University (MU) panellists, during his interview on July 24, rejected his application allegedly on the grounds that his non-creamy layer certificate had expired on March 31.
Panchal, who is a practising advocate at Bombay High Court, had secured 52 per cent marks in his LLM examination. He said as he belonged to the OBC category, he is entitled to avail the 5 per cent concession in marks, as opposed to the 55 per cent for students from general category, as per MU norms.
He has filed a plea for writ of Mandamus against the varsity under Article 226 before the Bombay High court, for violating his fundamental rights under Article 21 of the Constitution.
Speaking to mid-day, Panchal said, "After completing LLB in 2005 from Swami Ramanand Teerth Marathwada University, Nanded, in 2005, I pursued LLM from Mumbai University in 2007-2008. I have been practicing as an advocate since the past 15-16 years at Bombay HC, other courts and tribunals etc."
Panchal has earlier done action research in law on larger public interest issues viz compensation for terror victims and Right to Education, and presented the same before Bombay HC to bring in a major change for the society. The court took cognisance of his pleas, which subsequently compelled the government to take corrective measures by issuing Government Resolutions.
"I also worked pro bono in the interest of the public and contributed to the development of law to the best of my abilities. It is because of my efforts that the HC declared that the Right to Life guaranteed under Article 21 of the Constitution includes the right to live a safe and protected life, and that the state is obliged to pay compensation for its failure to protect life," he said. "In short, it was an action research done by me. Consequently, the Centre and the state have started paying compensation of Rs 5,00,000 each to the victims of terror attacks/riots and naxal attacks etc," said Panchal.
He added that it is due to his efforts that children from backward categories in the state are availing free education by virtue of the GR dated May 17, 2018.
"I thought of doing some academic research by way of PhD and contributing to the legal jurisprudence. Hence, I participated in the PhD Entrance Examination this year and secured 74 marks," Panchal added.
"I also submitted a non-creamy layer certificate while applying on January 20. However, when I appeared before the interview panel of MU, they refused to conduct my interview on the grounds that my non-creamy layer certificate was valid up to March 31, 2021," he said. He said he had sent an email to the grievance cell of the Department of Law, but did not get any response, and hence moved the Bombay HC.
Panchal said, "The validity of any such certificate, such as age or non-creamy layer certificate, is to be considered when someone submits the application. The process, however, may go on for a long time, during which a candidate may cross the age threshold or such certificate may expire, but that would not dis-entitle the candidate's right to seek higher education. I hope I will get justice from the Bombay HC."
The Division bench of justices RD Dhanuka and Abhay Ahuja is scheduled to hear the matter on October 14.
74
Marks Panchal scored in PET
When contacted, Dr Vinod Patil, Director Board of Examination and Evaluation, MU, said, "We had conducted the interview process as per the rule and abided by the same."
