Kum. Avinash Mahadev Kumbhar v. The Commissioner State Joint Entrance Test Cell And ANR

Digitally signed by TRUPTI SADANAND BAMNE Date:

2022.11.29 16:31:32 +0530 TRUPTI SADANAND BAMNE 903-wp-14676-2022.doc Trupti

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14676 OF 2022 Kum. Avinash Mahadev Kumbhar ...

Petitioner

Versus

The Commissioner State Joint Entrance Test Cell & Ors.

...

Respondents ......

Mr. Surel Shah i/b. Mr. Swaroop M. Karde for the Petitioner. Mr. Sameer Khedekar for Respondent No.1.

Mr. V.M. Mali, AGP for the State.

......

CORAM : NITIN JAMDAR AND GAURI GODSE, JJ.

DATE : 29 NOVEMBER 2022 P.C.:

Heard the learned Counsel for the parties.

2.

The Petitioner is seeking a writ of mandamus against the Respondents to permit the Petitioner to attend the Engineering College. The Petitioner was given time from 20 October 2022 to 9 November 2022 to upload the non creamy layer certificate failing which admission would be auto cancelled. In fact the Petitioner admits of having been received a message from CET Cell on 11 1/2

903-wp-14676-2022.doc November 2022 that the document needs to be uploaded online. However, the Petitioner did not upload the document and therefore, his admission was auto cancelled.

3.

The learned Counsel for the Petitioner has sought to urge that there were various difficulties. The Petitioner's non creamy layer certificate issued on 4 October 2022 and therefore only because of the situation, which is stated in the petition, the non creamy layer certificate remained to be uploaded.

4.

Submission was online and the Petitioner did get message of cut off date to that effect. Since the Petitioner admission is already cancelled, all that we direct Respondent No.1- The Commissioner, State Joint Entrance Test Cell to give audience to the Petitioner to understand the case of the Petitioner and if it is permissible in law and the Commissioner has jurisdiction to that effect, pass appropriate orders.

5.

Respondent No.1-The Commissioner, State Joint Entrance Test Cell to give audience to the Petitioner on 30 November 2022 at 3.00 p.m.

6.

With these observations, we dispose of this petition. (GAURI GODSE, J.) (NITIN JAMDAR, J.) 2/2