Anushka Rajendra Salunke vs The State Of Maharashtra And Anr
2021 Latest Caselaw 11928 Bom

                                                                           37.wp.4308.21.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO. 4308 OF 2021


   Anushka Rajendra Salunke                     ...     Petitioner
             Versus
   State of Maharashtra & Anr.                ...       Respondents
                                          .........


   Mr. R.K. Mendadkar for the Petitioner.
   Ms. Kavita N. Solunke, A.G.P. for the State- Respondent Nos.1 and 2.
                                    .........


                                         CORAM        : R.D. DHANUKA &
                                                        R.I. CHAGLA, JJ.

                                         DATE         : 26th AUGUST, 2021.
                                                        (V.C.)
   P.C. :-




   1                  Rule. Learned A.G.P. waives service for the Respondents.

The Petition is heard finally by consent of parties.

2 By this Petition filed under Article 226 of the Constitution

of India, the Petitioner is seeking direction against Respondent No.2-

Scrutiny Committee to decide the application dated 12.08.2020 filed

by the Petitioner for grant of Caste Validity Certificate as expeditiously

as possible and in any event, positively before 31.08.2021, in

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37.wp.4308.21.doc

accordance with law and in the light of the judgment of this Court in

the case of Sonakshi Rajendra Salunke vs. State of Maharashtra and

Ors. decided on 26.06.2018 in Writ Petition No.6809 of 2018, filed by

the real elder sister of the Petitioner.

3 The learned Counsel appearing for the Petitioner states

that although the Petitioner had made an application for grant of

Caste validity certificate on 12.08.2020, the Respondent No.2-

Scrutiny Committee has not decided the application.

4 The learned Counsel for the Petitioner submits that as the

Petitioner has filed application for the MHT-CET 2021 examination,

the Caste Validity Certificate is required for securing admission in the

Pharmacy Degree Course. He has, therefore, submitted that the

Respondent-Scrutiny Committee be directed to decide the application

for Caste Validity Certificate of the Petitioner as expeditiously as

possible.

5 The learned A.G.P. appearing for the Respondents states

that Respondent No. 2- Scrutiny Committee requires some time to

decide the application for Caste Validity Certificate of the Petitioner.

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                                                                                37.wp.4308.21.doc

   6                 In view of the urgency expressed by the Petitioner who

has filed application for MHT-CET 2021 examination and would

require Caste Validity Certificate for the purpose of securing admission

in the Pharmacy Degree Course, it would be necessary for the

Respondent- Scrutiny Committee to decide the application for Caste

Validity Certificate of the Petitioner expeditiously. Hence, we pass the

following order :

i) The Respondent- Scrutiny Committee is directed to

decide the application for Caste Validity Certificate of the

Petitioner within a period of three weeks from today.

ii) The decision taken by the Respondent- Scrutiny

Committee shall be communicated to the Petitioner within

a period of one week thereafter.

iii) Rule is made absolute in above terms.

iv) Writ Petition is disposed of accordingly.

                    v)          There shall be no order as to costs.



         ( R.I. CHAGLA, J. )                                ( R.D. DHANUKA, J. )




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