Bombay High Court
Mohammad Kaif Pappu Kadri vs The State Common Entrance Test And ... on 10 July, 2023
Bench: G.S. Patel, Dr. Neela Gokhale
2023:BHC-AS:19011-DB 19-ASWPST-17031-2023.DOC
Gaikwad RD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 17031 OF 2023
Mohammad Kaif Pappu Kadri ...Petitioner
Versus
The State Common Entrance Test & Ors ...Respondents
Mr Rameshwar N Gite, with Sunita Warang, for the Petitioner.
Ms Sheetal U Malvankar, for Respondent No.1.
Mrs AA Purav, AGP, for the Respondents-State.
Mr RM Tekawade, Law Officer, CVC, Nashik is present in person.
CORAM G.S. Patel &
Neela Gokhale, JJ.
DATED: 10th July 2023
PC:-
1. Rule, returnable forthwith.
2. Having seen the original file of the 2nd Respondent, the
District Caste Certificate Scrutiny Committee, Nashik, we are of the
considered view that the impugned order dated 8th June 2023
cannot be sustained for one simple reason. In one sentence, the 2nd
Respondent has disposed of the application by saying that the
documents establishing the Petitioner's claim to the Chhaparband-
14 caste were 'not produced'. The original file prima facie indicates
otherwise. There are several documents not only of the Petitioner
but also of family members and ancestors showing this caste.
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19-ASWPST-17031-2023.DOC
3. It is not for us to assess these documents. We do require the
Committee to apply its mind to the documents that have been
produced. We are not directing the Committee to issue the validity
certificate but only to decide the matter afresh uninfluenced by the
order of 8th June 2023, and on merits.
4. Rule is accordingly made absolute in these terms and in terms
of prayer clause (a) which reads thus:
"(a) This Hon'ble Court by way of appropriate writ of
Mandamus/Certiorari or any other writ in the nature of
Mandamus be pleased to quash and set aside Judgment and
Order dated 08/06/2023 passed by The District Caste
Certificate Scrutiny Committee, Nashik in Case no. ED-
2022-00623883."
5. In the meantime, the 1st Respondent, the State Common
Entrance Test Cell will, on the basis of this order, and on production
of an authenticated copy of this order, permit the Petitioner to take
admission for a B Tech Course as per the claimed caste category of
Chhaparband-14. However, this is subject to the decision of the 2nd
Respondent Committee and any orders of this Court may make in
that behalf. The Petitioner will not be entitled to claim equity or the
right to continue in a B Tech course only on the basis of this order.
6. It goes without saying that the Petitioner will have to comply
with all other requirements as well.
7. We require the 2nd Respondent Committee to decide the
Petitioner's application, which we restore to file immediately, as
10th July 2023
19-ASWPST-17031-2023.DOC
early as possible and, in any event, within four weeks from today,
i.e., by 10th August 2023.
8. The original file is returned to Mrs Purav, learned Additional
Government Pleader.
(Neela Gokhale, J) (G. S. Patel, J)
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2023.07.11
17:36:26
+0530
10th July 2023
