Bombay High Court
Kinjal Vilas Bastav vs State Of Maharashtra Thr Its Secretary ... on 23 October, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge, M.M. Sathaye
2024:BHC-AS:43106-DB
.. 1 .. 916-WP-14956-2024 AS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 14956 OF 2024
Kinjal Vilas Bastav, Age 18 years
Occupation : Student,
Residing at B/8, Mulund Sagar
Prasad CHS Ltd. Gavanpada Village
Road, Mulund East, Mumbai 400 081 ... Petitioner
Versus
1. State of Maharashtra
Thr. Its Secretary, Tribal,
Digitally signed
by PALLAVI
Development Department,
MAHENDRA
PALLAVI
MAHENDRA
WARGAONKAR Mantralaya, Mumbai 400 0332.
WARGAONKAR Date:
2024.10.24
14:46:22
+0530
2. Scheduled Tribe Certificate Scrutiny
Committee Konkan Division, Thane
Through its Member Secretary,
Having its office at 6th floor, MTNL Bldg.,
Charai, Thane (West),
District Thane.
3. Commissioner and Competent Authority,
State Common Entrance Cell,
Maharashtra having its office at
New Excelsior Bldg., 8th floor,
A.K. Nayak Marg, Fort, Mumbai - 1 ... Respondents
...
Mr. Chaitanya Bhangoji a/w Mr. R.K. Mendadkar a/w Priyank
Shaw, Advocate for the Petitioner.
Ms. P.M.J. Deshpande, AGP, for the Respondent Nos.1 and 2 -
State.
Mr. Vikas Mali, Advocate for Respondent No.3 - CET CELL.
...
Pallavi Wargaonkar, PS
::: Uploaded on - 05/11/2024 ::: Downloaded on - 09/11/2024 06:49:33 :::
.. 2 .. 916-WP-14956-2024 AS
CORAM : RAVINDRA V. GHUGE
&
M.M. SATHAYE, JJ.
DATE :- 23rd OCTOBER, 2024
ORAL JUDGMENT (Per Ravindra V. Ghuge, J.) :-
1. Rule. Rule made returnable forthwith and heard
finally by the consent of the parties.
2. The Petitioner has put forth prayer clauses (a) and
(b), as under:-
"a. That this Hon'ble Court be pleased to issue a writ
of mandamus and or any other writ, order or
direction in the nature of mandamus directing the
Respondent No. 2 committee to decide the
application dated 23.4.2024 filed by the petitioner
for grant of Caste Validity Certificate in the light of
Judgment and order dated 23.11.2017 passed by
this Hon'ble Court in Writ Petition no.3134 of 2009
in the case of her father and real uncle as
expeditiously as possible and in any event, before
31.10.2024.
b. Pending hearing and final disposal of this writ
petition, the respondent no. 3 be directed by
mandatory injunction to consider the case of the
petitioner for admission in the first year of B.
Pharmacy degree course under ST category and to
grant admission if the Petitioner is in merit list of
ST candidate and otherwise found eligible."
Pallavi Wargaonkar, PS
.. 3 .. 916-WP-14956-2024 AS
3. The Petitioner's father viz. Vilas Pandurang Bastav
was before this Court in Writ Petition No.3134 of 2009. By a
judgment dated 23rd November 2017, this Court scrutinized the
case of the Petitioner's father, thread-bare and after considering
the case from all permissible angles, the Petition was allowed.
The order refusing validity certificate was quashed and set aside
and the Committee was directed to issue 'Koli-Mahadev',
Scheduled Tribe Validity Certificate to the Petitioner's father.
4. Considering the law laid down in Maharashtra
Adiwasi Thakur Jamat Swarakshan Samiti vs. The State of
Maharashtra (AIR 2023 SC 1657: 2023 SCC OnLine SC 326),
the Petitioner's case appears to be covered. The Committee is yet
to decide the claim of the Petitioner which was lodged recently
on 23rd April, 2024. The Petitioner is a student and who aspires to
seek admission to the B. Pharmacy Degree Course. The learned
Advocate representing Respondent No.3 State Common Entrance
Cell, submits that in the first two rounds, the Petitioner has been
unsuccessful. The Third Cap round is likely to commence
shortly.
Pallavi Wargaonkar, PS
.. 4 .. 916-WP-14956-2024 AS
5. In the peculiar facts as recorded above, and
especially in view of the judgment of this Court dated 23 rd
November, 2017 delivered in the case of Vilas Pandurang Bastav
(supra), this Writ Petition is partly allowed with the following
directions:-
a) Respondent No.2, Committee shall expeditiously
decide the claim of the Petitioner, preferably on or
before 31st December, 2024.
b) If the Petitioner secures admission on the basis of her
reservation claim, her admission would be protected till
the decision of the Committee, keeping in view that her
biological father has been granted validity certificate by
this Court vide order dated 23rd November, 2017 in
Vilas Pandurang Bastav (supra).
6. Rule is made partly absolute in above terms.
(M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)
Pallavi Wargaonkar, PS
