Advocate takes Mumbai University to court over rejection of his PhD application

Despite scoring 74 out of 100 marks in PhD Entrance Exam held on March 27 Rajeshwar Panchalrsquos 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 noncreamy 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 ConstitutionSpeaking to midday Panchal said ldquoAfter completing LLB in 2005 from Swami Ramanand Teerth Marathwada University Nanded in 2005 I pursued LLM from Mumbai University in 20072008 I have been practicing as an advocate since the past 1516 years at Bombay HC other courts and tribunals etcrdquoPanchal 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 ResolutionsldquoI 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 liferdquo he said ldquoIn short it was an action research done by me Consequently the Centre and the state have started paying compensation of Rs 500000 each to the victims of terror attacksriots and naxal attacks etcrdquo said PanchalHe 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 ldquoI 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 marksrdquo Panchal addedldquoI also submitted a noncreamy 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 noncreamy layer certificate was valid up to March 31 2021rdquo 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 HCPanchal said ldquoThe validity of any such certificate such as age or noncreamy 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 disentitle the candidatersquos right to seek higher education I hope I will get justice from the Bombay HCrdquoThe Division bench of justices RD Dhanuka and Abhay Ahuja is scheduled to hear the matter on October 1474Marks Panchal scored in PETOther sideWhen contacted Dr Vinod Patil Director Board of Examination and Evaluation MU said ldquoWe had conducted the interview process as per the rule and abided by the samerdquo