Bombay High Court
Aradhya Yogesh Bana vs State Of Maharashtra Thr Secretary, ... on 5 September, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-AS:35664-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12729 OF 2024
Aradhya Yogesh Bana ]
R/of Alibag, Dist. Raigad ] .. Petitioner
Versus
1. State of Maharashtra, ]
Through Medical Education and Drugs Department ]
2. Maharashtra University of Health Sciences, Nashik ]
3. Directorate of Medical Education and Research ]
Maharashtra State, Mumbai ]
4. Commissioner and Competent Authority, ]
State CET Cell, Fort, Mumbai ]
5. Dean, Lokmanya Tilak Medical College, Mumbai ]
6. Scheduled Tribe Certificate Scrutiny Committee, ]
Charai, Dist. Thane ] .. Respondents
Mr. C.K. Bhangoji, Advocate for the Petitioner.
Mr. N.C. Walimbe, Additional Government Pleader, with Mr. N.K.
Rajpurohit, Assistant Government Pleader for the Respondent-State of
Maharashtra.
Ms. Kavita N. Solunke, Assistant Government Pleader for Respondent
No.3-CET.
Mr. V.S. Talkute, Advocate for Respondent No.5.
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 5TH SEPTEMBER, 2024.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. The petitioner intends to pursue Five Year M.B.B.S. Course at the
respondent no.5-College. The petitioner claims she belong to "Koli
Mahadev" Scheduled Tribes and her father has been issued a Caste Validity
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Certificate on 16th February 2021. The proceedings for issuance of Caste
Validity Certificate to the petitioner are pending with the respondent no.6-
Committee. In that backdrop, it is the case of the petitioner that directions
be issued to the respondent no.5-College to grant her admission for the
First Year M.B.B.S. Course in the academic year 2024-25 without insisting
on a Caste Validity Certificate. The petitioner seeks to rely upon the
Government Resolution dated 22 nd July 2024 which grants time of six
months to submit Caste Validity Certificate while undertaking admission in
professional courses.
2. We have heard the learned counsel for the petitioner as well as the
learned Additional Government Pleader for respondent nos.1, 2 and 4.
Service on respondent nos.3 and 5 is dispensed with in view of the fact
that the Government Resolution dated 22nd July 2024 extending the time
to submit Caste Validity Certificate is in operation.
3. We find that firstly the petitioner's father has been issued a Caste
Validity Certificate on 16th February 2021. The petitioner's claim for grant
of Caste Validity Certificate is pending with the Scrutiny Committee.
However, in view of the Government Resolution dated 22 nd July 2024,
time of six months has been granted to submit such Caste Validity
Certificate. Though the learned Additional Government Pleader submits
that a clarification has been sought by the State Common Entrance Test
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Cell with regard to applicability of this Government Resolution, as of today
the same continues to operate. We therefore find that the petitioner is
entitled for appropriate relief.
4. Accordingly, the following directions are issued :
(i) The respondent no.5-College shall consider the claim
of the petitioner for admission to the First Year
M.B.B.S. Course for academic year 2024-25 without
insisting on the petitioner's Caste Validity Certificate.
(ii) The Scrutiny Committee shall within a period of four
months from receipt of copy of this order decide the
petitioner's caste claim that has been made pursuant
to application dated 19th January 2024.
5. Rule is disposed of in aforesaid terms.
6. Parties to act on authenticated copy of this order.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
Digitally
SNEHA
SNEHA ABHAY 509-WP-12729-2024.doc
ABHAY DIXIT
DIXIT Date:
2024.09.05
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16:19:12
+0530
