Krutika Keshav Rajput vs The State Of Maharashtra And ...
2016 Latest Caselaw 5288 Bom

                                           {1}
                                                                       wp 9295.16.odt

                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                             
                            BENCH AT AURANGABAD

                          WRIT PETITION NO.9295 OF 2016




                                                     
     Krutika d/o Keshav Rajput,
     Age: 19 years, occu: student,
     R/o Plot No.185, Maharana Pratap-
     Housing Society, Old Airport,




                                                    
     Chalisgaon, Tq. Chalisgaon
     Dist. Jalgaon                                                      Petitioner


              Versus




                                       
     1        The State of Maharashtra,
                             
              Through its Secretary,
              Social Welfare Department,
              Mantralaya, Mumbai 32
                            
     2        The Director of Technical Education,
              Maharashtra State,
              3, Mahapalika Marg,
              Post Box No.1967, Mumbai
      


     3        The Divisional Caste Scrutiny
              Committee No.2, Parola Road,
   



              Near Rachana Hall, Dhule
              Tq. & Dist. Dhule
              through Its Director.





     4        Mahatma Gandhi Mission's
              College of Engineering &
              Technology, Sector - 18,
              Kamothe, Navi Mumbai 410 209
              through Its Principal                                   Respondents

Mr.D.B. Thoke advocate for the petitioner Mr.S.G. Karlekar, Assistant Govt. Pleader for Respondent Nos.1 to 3 Mr. S.K. Kadam & Mr. V.S. Kadam advocates for respondent No.4 _______________

{2} wp 9295.16.odt

CORAM : R.M. BORDE & K.K. SONAWANE, JJ

(Date : 15th September, 2016.)

ORAL JUDGMENT

(Per: R.m. Borde, J)

1 Heard.

2 Rule. With the consent of the parties, petition is taken for

final decision, at admission stage.

3 The petitioner claims to belong to Rajput Bhamta caste,

which is included in VJ category. The petitioner is in receipt of the

caste certificate issued by the Competent Authority. He has been

admitted to Engineering Degree course in the College run by

respondent No.4 institute as against a seat reserved for VJ

category. As a result of failure of petition to submit validation

certificate, the College has directed cancellation of his admission

by order dated 10.8.2016. The petitioner states that, the proposal

for verification of the caste certificate is forwarded to respondent

No.3 committee and the matter is pending for decision.

4 In the facts of this case, this petition can be disposed of by

directing respondent No.3 committee to take decision on the caste

{3} wp 9295.16.odt

certificate verification proposal of the petitioner, pending with the

committee, as expeditiously as possible and preferably within a

period of one year from today and it is accordingly directed. The

order passed by respondent No.4 on 10.8.2016 directing

cancellation of the admission of the petitioner to First Year

Engineering course is quashed and set aside. The petitioner shall

be readmitted to the Engineering Degree course forth with.

The petitioner undertakes to pay fees to respondent No.4

College, subject to reimbursement of the amount by the State

Government. In the event of reimbursement of the fees by the

State Government, the College shall refund the amount of fees to

the petitioner.

6 Rule is accordingly made absolute.

     7        There shall be no order as to costs.




               (K.K. SONAWANE, J)                           (R.M.BORDE, J)





     vbd