Sahil S/O Hemant Dandekar v. Commissioner, State Common Entrance Test Cell Maharashtra, Mumbai And Others

27.wp.1435.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1435 /2021 Mr. Sahil S/o Hemant Dandekar, Aged about 20 years, Occ. Education, R/o. Ward No.5, At Post. Maregaon Road, Yavatmal. ..... PETITIONER // VERSUS //

1) Commissioner, State Common Entrance Test Cell Maharashtra, 8th floor New Exelsior Building, A. K. Marg, Fort Mumbai - 400001. (M.S.)

2) Registrar, Dr. Panjabrao Deshmukh Krishi Vidyapith, Akola - 441004.

3) College of Agricultural Mul, Distt. Chandrapur

4) Deputy Director and Member Secretary, S.T. Certificate Scrutiny Committee Chaprashi Pura Amravati - 444 602.

.... RESPONDENTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Ananta Ramteke, Advocate for petitioner. Shri N. S. Khubalkar, Advocate for the respondent no.1. Shri N. R. Patil, AGP for respondent no.4.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATE : 22/03/2021 ORAL JUDGMENT : (PER:- SUNIL B. SHUKRE, J.)

27.wp.1435.2021.odt 1] Heard Shri Ramteke, learned counsel for the petitioner, Shri Khubalkar, learned counsel for respondent no.1 and Shri Patil, learned AGP, who appear by waiving notice for respondent no.4. 2] Leave to amend the cause title by correcting the designation of respondent no.4, is granted. Amendment be carried out forthwith. 3] Rule. Rule made returnable forthwith. Heard finally by consent.

4] We do not think that any purpose would be served by issuing notice to respondent nos.2 and 3 as admittedly, there is no policy decision or any provision made in the relevant rule for granting provisional admission to the students, who failed to submit any caste validity certificate. The direction sought in this regard, as appearing in prayer clause (i) is therefore, rejected. However, we are inclined to allow this petition as regard prayer clause (ii). Accordingly, petition is partly allowed and respondent no.4 is directed to decide caste claim of the petitioner as expeditiously as possible and in any case, within eight weeks from the date of the receipt of the order. Rule accordingly. No costs.

(AVINASH G. GHAROTE, J) (SUNIL B. SHUKRE J.) Sarkate.