Shital Suresh Gujar vs The State Of Maharashtra And ...
2016 Latest Caselaw 3179 Bom

                                                                      910wp6523-16.odt

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD
                             WRIT PETITION NO. 6523 OF 2016




                                                                              
            Shital d/o Suresh Gujar                       ...        Petitioner 
            Age 19 years,Occu: education




                                                      
            R/o Kasbe, Tq. Osmanabad,
            District: Osmanabad.

            VERSUS




                                                     
    1.  The State of Maharashtra
        Through its Secretary,
        Social Welfare Department,
        Mantralaya, Mumbai.




                                               
    2.      The Scheduled Caste, Other 
                                   ig        ...                    Respondents.
            Backward Classes,
            Special Backward Category, De-
            notified Tribes and Nomadic 
                                 
            Tribe, Divisional Caste 
            Certificate Verification 
            Committee No.2, Latur, District 
            Latur
      

            Through its Member Secretary
   



    3.  The Commissioner & Competent     ...    Respondents
        Authority,
        State Common Entrance Test Cell,
        Government of Maharashtra,





        305,Government Polytechnic Bldg.
        Kherwadi, Ali Yawar Jung Marg,
        Bandra, Mumbai
    Advocate for Petitioner : Mr. Sunil M. Vibhute.
    A.G.P. for the Respondents State: Mr. P. S. Patil





                                        CORAM   :  R. M. BORDE & 
                                                    K. L. WADANE, JJ.

DATE : 23rd June, 2016

ORAL JUDGMENT (Per Borde, J.):

1. Heard the learned counsel for the parties.

2. Rule. Rule made returnable forthwith and the

910wp6523-16.odt petition is heard for final disposal by the consent of

learned counsel for the respective parties.

3. The petitioner is objecting to the order passed

by Respondent No.2 Committee dated 18.06.2016 returning

the proposal tendered by the petitioner for

verification of the caste certificate merely on the

ground that the petitioner has failed to submit bona-

fide certificate of the current year.

4.

The petitioner is desirous of securing admission

to the professional course and as such needs validation

certificate. The petitioner has completed 12th Standard

(Science) examination and has already appeared for MH

T CET-2016 examination. The insistence of the Scrutiny

Committee for production of the bona-fide certificate

is erroneous. In the facts and circumstances of the

case, the writ petition deserves to be allowed and

the same is accordingly allowed.

5. The Respondent No.2 Committee is directed to

accept the proposal of the petitioner for verification

of the caste certificate without insisting for the

bona-fide certificate of the current year and shall

take decision on the proposal in accordance with the

procedure of law within a period of eight months.

910wp6523-16.odt

6. The petitioner shall tender the proposal for

verification of the caste certificate directly to the

Committee within a period of two weeks from today.

7. The Scrutiny Committee shall issue

acknowledgment receipt of proposal for validation of

the caste certificate to the petitioner which can be

produced to the competent authority for processing the

application for admission to the medical course.

8.

Rule is made absolute accordingly.

9. There shall be no order as to costs.

10. Authenticated copy is allowed. Parties to act

upon authenticated copy of this order.

    (K. L. WADANE, J.)                   (R. M. BORDE, J. )