Miss. Dhanshree Uttam Kauthekar v. Terna Engineering College, Nerul And ORS

suresh P501-WP-1608.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1608 OF 2019 Miss Dhanshree Uttam Kauthekar .... Petitioner Vs.

Terna Engineering College & Others .... Respondents Mr. Abhijeet P. Rane for the Petitioner.

Ms Priyanka Patil i/by Mahadik & Associates for Respondent No.1.

Mr. P.M. Palshikar for Respondent No.2.

Mr. S.B. Kalel, AGP, for the Respondent-State. CORAM: S.C. DHARMADHIKARI & M.S. KARNIK, JJ.

DATE : FEBRUARY 04, 2019 P.C:

Mentioned. Not on board. Taken up on production board as urgency was made out.

2.

It is clear from the petition itself that the petitioner is admitted to an academic course for the Academic Year 20182019 against a reserved seat.

suresh P501-WP-1608.2019.doc 3.

The colleges, namely, the Engineering Colleges across the State were aware that the Directorate of Higher and Technical Education required a candidate, to be admitted against a reserved seat, to possess the Certificate of Validity and not merely a Caste Certificate. Admittedly, there was a cut-off date prescribed, namely, 31-8-2018 before which this Certificate could have been procured and produced before the admission cell. That having not been produced, we are not inclined to extend any protection to such of these students who take admission against a reserved seat but without such Certificate. They knew fully well that they have walked into a seat without such Certificate and only on the strength of their marks and ranking in the merit list.

A Reserved Category candidate who possesses such Certificate but was below in the merit list, therefore, could not walk in. We have sympathies more for such candidates who could not walk in rather than the petitioner whose admission is fortuitous and contingent. The writ petition is without any merit and is dismissed. No costs. (M.S. KARNIK, J.) (S.C. DHARMADHIKARI, J.)