Vijit Vishwanath Patil v. State Of Maharashtra Thr Its Secretary Tribal Development And ANR

1/3 09 WP-12831.22.odt Digitally signed by JAYARAJAN ANJAKULATH NAIR Date:

2022.11.04 20:05:42 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

JAYARAJAN ANJAKULATH NAIR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12831 OF 2022 Vijit Vishwanath Patil ] ... Petitioner Vs.

The State of Maharashtra & Anr.

] ... Respondents ...

Ms. Komal Gaikwad i/b Mr. R.K. Mendadkar for the petitioner. Mr. A.I. Patel, Addl. G.P. with Mr. Rajan Pawar, A.G.P. for respondent Nos.1 and 2.

...

CORAM

: N.R. BORKAR & KAMAL KHATA, JJ.

DATED : 04TH NOVEMBER, 2022.

[VACATION COURT] P.C.:- 1.

By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of mandamus directing respondent No.2-Committee to decide his Caste Validity Certificate expeditiously failing which his provisional admission allotted in Bharati Vidyapeeth College of Engineering, Navi Mumbai, under reserved category will be cancelled. 2.

The matter was mentioned on 2nd November 2022, when

2/3 09 WP-12831.22.odt the petitioner was granted leave to amend the petition and add the concerned College as a party and for AGP to take instructions.

3.

Learned counsel for respondent Nos.1 and 2 today submits that the petitioner has been heard by respondent-Committee and it will take a decision within two weeks from today. Statement is accepted.

4.

Respondent Nos.1 and 2 are directed to decide on the issue of Caste Validity Certificate of the petitioner within two weeks from the date of this order and communicate the same to the petitioner within two days of the decision.

5.

Learned counsel for the petitioner submits that she has served respondent No.3, however, today none appears for respondent No.3. She further submits that the affidavit of service shall be filed by her on or before 09/11/2022. Statement is accepted.

6.

The petitioner is permitted to file affidavit of service on or before 09/11/2022.

7.

The learned counsel for the petitioner submits that the petitioner is now granted provisional admission in Terna

3/3 09 WP-12831.22.odt Engineering College, Nerul, Navi Mumbai, and therefore she has not carried out the amendment pursuant to the order passed by this Court dated 21st November, 2022.

8.

In the circumstances aforesaid, respondent No.3 is directed not to cancel the provisional admission granted to the petitioner in the Terna Engineering College, Nerul, Navi Mumbai, for want of Caste Validity Certificate, for a period of three weeks from today.

9.

In view of the aforesaid direction, the writ petition stands disposed off. No order as to costs.

10.

The petitioner and respondent Nos.1 and 2 shall communicate this order to respondent No.3 for their information and compliance.

11.

Parties to act on the authenticated copy of this order.

[KAMAL KHATA, J.] [N.R. BORKAR, J.]