Bombay High Court
Samprada D/O Liladhar Dekate vs Directorate Of Technical ... on 2 August, 2016
Bench: V.A. Naik
WP 4344/16 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 4344/2016
Samprada D/o Liladhar Dekate,
Aged about 23 years, Occ NIL,
R/o Flat No.302, Kolba Swami Arcade No.3,
Manish Nagar Road, Rajeshree Nagar,
Nagpur - 27. PETITIONER
.....VERSUS.....
1. Directorate of Technical Education,
3, Mahapalika Marg, Opp. Metro Cinema,
Dhobi Talao, Chhatrapati Shivaji Terminus Area,
Mumbai, Maharashtra 400 001 (M.S.).
2. ARC Officer, State Common Entrance
Test Cell, 305, Government
Polytechnic Building, 49, Kherwadi,
Bandra East, Mumbai 400051 (M.S.)
3. FC Officer, State Common
Entrance Test Cell,
Directorate of Technical Education,
Government Polytechnic, Sadar,
Nagpur - 10 (M.S.) RESPONDENTS
Shri P.P. Pendke, counsel for the petitioner.
Mrs. K.R. Deshpande, Assistant Government Pleader for the respondents.
CORAM :SMT.VASANTI A NAIK AND
MRS.SWAPNA JOSHI, JJ.
DATE : 2 ND AUGUST, 2016.
ORAL JUDGMENT (PER : SMT.VASANTI A NAIK, J.)
RULE. Rule made returnable forthwith. The petition is heard
finally at the stage of admission with the consent of the learned counsel
for the parties.
2. By this writ petition, the petitioner challenges the de-
categorization of her admission from Special Backward Classes to Open-
General seat, in M.B.A. course.
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3. The petitioner had applied for the common entrance test that
was conducted by the respondents for admission to the M.B.A. course.
The petitioner claims to belong to Special Backward Classes and the
petitioner applied for the seat in the M.B.A. course, in that category. The
petitioner was required to tender all the relevant documents as well as
the non-creamy layer certificate before 03.06.2016. The petitioner had
possessed a non-creamy layer certificate that was valid up to 31.03.2016
and she had applied to the competent authority for grant of a non-creamy
layer certificate with extended validity. The said non-creamy layer
certificate was issued in the name of the petitioner on 31.05.2016. It is
the case of the petitioner that the petitioner had uploaded all the
necessary documents and the non-creamy layer certificate on the website,
on 04.07.2016. According to the petitioner, the real maternal uncle of
the petitioner had met with a serious road accident on 31.05.2016 and,
therefore, the petitioner was not in a position to go to the Office of the
competent authority to receive the non-creamy layer certificate that was
issued in her name on 31.05.2016. It is stated that seriousness of the
accident in which the maternal uncle of the petitioner was involved, can
be gauged from the fact that he succumbed to the injuries on 09.06.2016.
It is stated that due to the sad demise of one of the very close relatives of
the petitioner, the petitioner was not mentally prepared to go to the
Office of the competent authority and secure the non-creamy layer
WP 4344/16 3 Judgment
certificate that was issued in her name, on 31.05.2016. It is stated that
the petitioner was admitted on a seat meant for the Open-General
category as she had not submitted the non-creamy layer certificate within
the stipulated time. In the circumstances of the case, the petitioner has
sought a direction against the respondents to admit he petitioner on one
of the available seats reserved for the Special Backward Classes.
4. Mrs. Deshpande, the learned Assistant Government Pleader
appearing on behalf of the respondents, opposes the prayer made by the
petitioner in the instant writ petition. It is stated that though the
petitioner had applied for a seat that was meant for the Special Backward
Classes, the petitioner had not submitted the non-creamy layer certificate
before the stipulated date, i.e. till 03.06.2016. It is stated that the said
certificate was tendered by the petitioner before the CAP round started,
on 04.07.2016. It is, however, not disputed on a perusal of the First
Information Report in respect of the accident in which the maternal uncle
of the petitioner was involved that the uncle of the petitioner had suffered
a serious head injury in a motor vehicle accident. On the query made by
the Court, it is stated that in some of the colleges, the seats meant for the
Special Backward Classes are vacant and only if this Court so directs, the
respondents would consider admitting the petitioner on one of the vacant
seats.
WP 4344/16 4 Judgment
5. On hearing the learned counsel for the parties, we find that in
the peculiar circumstances of the case, it would be necessary to grant the
relief as claimed by the petitioner. The petitioner was required to upload
the documents before 03.06.2016. The petitioner possessed a non-
creamy layer certificate that was valid upto 31.03.2016. The petitioner
had applied for the non-creamy layer certificate with extended period of
validity and the said application was decided favourably by the competent
authority by issuing a certificate in favour of the petitioner, on
31.05.2016. Unfortunately, the maternal uncle of the petitioner was
involved in a serious motor accident on 31.05.2016 and was very serious.
The uncle of the petitioner expired on 09.06.2016. In the aforesaid set of
facts, there is reason to believe that the petitioner was not mentally in a
position to either personally go to the Office of the competent authority to
receive the non-creamy layer certificate or to direct any other relative or
friend to secure the non-creamy layer certificate from the Office of the
competent authority. After the petitioner recovered from the shock, the
petitioner presented the non-creamy layer certificate to the respondent
before the CAP round for admission to the M.B.A. course, had begun.
There is no other reason for rejecting the claim of the petitioner for
admission to a seat meant for the Special Backward Classes except that
the petitioner had not tendered a valid non-creamy layer certificate before
the cut-off date, i.e. 03.06.2016. As a special case, it would be necessary
WP 4344/16 5 Judgment
to direct the respondents to consider admitting the petitioner on a seat
meant for the Special Backward Classes. It is informed that a seat meant
for the Special Backward Classes in the M.B.A. course is vacant in the
Panjabrao Deshmukh Institute in Nagpur. The petitioner is ready to
secure admission in the said college in the M.B.A. course on the seat
meant for the Special Backward Classes.
6. Hence, for the reasons aforesaid, the writ petition is allowed.
Since the merit of the petitioner is not disputed, we direct the
respondents to admit the petitioner in the vacant seat in the Panjabrao
Deshmukh Institute, Nagpur, meant for the Special Backward Classes by
cancelling her admission on the seat for the Open-General category.
Rule is made absolute in the aforesaid terms with no order as
to costs.
JUDGE JUDGE
APTE
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Uploaded by: Rohit D. Apte. Uploaded on : 03.08.2016.
