Arbaz Hamid Pansare vs State Of Maharashtra Through Its ...
2021 Latest Caselaw 2738 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CIVIL APPELLATE JURISDICTION

               WRIT PETITION (STAMP) NO.3219 OF 2021

Arbaz Hamid Pansare                      ..       Petitioner
      v/s.
State of Maharashtra Through its
Secretary, Higher and Technical
Education Department Mantralaya & Ors. ..         Respondents
                                      ....
Mr. Dilip B. Shinde, for the Petitioner.

Mr. V.M. Mali, AGP, for the State-Respondent Nos. 1 to 3.
                                     ....

                                     CORAM: S.C. GUPTE &
                                            SURENDRA P. TAVADE, JJ.

                                     DATE     : 10 FEBRUARY, 2021.

P.C:-



.           This petition seeks directions against Respondent No.2-

District Caste Scrutiny Committee to decide the Petitioner's caste claim expeditiously. The Petitioner is seeking admission directly to Second Year of Four Year Degree Course in Engineering and Technology for the Academic Year 2020-2021 being a diploma holder in the subject. He has already secured an admission to Respondent No.5-College after clearing the State CET. For confirmation of his admission, he needs a caste validity certificate. His application to Respondent No.2 was accompanied by all relevant documents, including a caste validity certificate issued to his father by the same committee after due enquiry. The Petitioner relies on

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several judgments of this Court, which inter alia lay down that if the father or grandfather of the Applicant already holds a caste validity certificate from the scrutiny committee, unless there is a case of fraud or mis-representation, the Applicant is entitled to a validity certificate on its strength. The propositions of law as well as the caste validity certificate issued to the Petitioner's father are beyond dispute. The Petitioner needs caste validity certificate latest by 15 February 2021, which is the last date for submitting such certificate. On these facts, and having regard to this law, we dispose of this petition by directing Respondent No.2 to consider the Petitioner's application and pass appropriate order and issue the requisite certificate latest by 15 February 2021.

       (SURENDRA P. TAVADE, J.)                                  (S.C. GUPTE, J.)


Smita            Digitally signed by
                 Smita Gonsalves

Gonsalves        Date: 2021.02.10
                 17:11:41 +0530




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