Purva Rajesh Dangle (Thr Her Elder Sister Aishwarya Rajesh Dangle) v. State Of Maharashtra Thr Secretary, General Administration Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12207 OF 2024 Purva Rajesh Dangle, ] Through her elder sister :

] Aishwarya Rajesh Dangle ] R/of Nashik ] .. Petitioner

Versus

1. State of Maharashtra, ] Through General Administrative Department ]

2. The Secretary, ] Social Justice and Special Assistant Department ]

3. The Commissioner and Competent Authority, ] State Common Entrance Test Cell, Mumbai ]

4. The Chairman, ] District Caste Certificate Verification Committee, ] Nashik.

]

5. The Principal, ] G.E. Society's N.B. Thakur Law College, Nashik ] .. Respondents Mr. Kishor Patil with Mr. Amar Gharte and Mr. Ashok Kadam, Advocates for the Petitioner.

Mr. B.V. Samant, Additional Government Pleader, with Mrs. Reena A. Salunkhe, Assistant Government Pleader for Respondent Nos.1, 2 and 4. 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 : 29TH AUGUST, 2024.

ORAL JUDGMENT : { Per A.S. Chandurkar, J. } 1.

The petitioner intends to pursue Five Year LL.B. Course at the respondent no.5-College. The petitioner claims she belong to "Mahar" Digitally signed by SNEHA ABHAY DIXIT Date:

2024.08.29 18:08:05 +0530 1/3 SNEHA ABHAY DIXIT

Scheduled Caste and her real sister has been issued a Caste Validity Certificate on 30th March 2019. The proceedings for issuance of Caste Validity Certificate to the petitioner are pending with the respondent no.4Committee. In that backdrop, it is the case of the petitioner that the directions be issued to the respondent no.5-College to grant her admission for the First Year LL.B. Course in the academic year 2024-25 without insisting on a Caste Validity Certificate. The petitioner seeks to rely upon the Government Resolution dated 22nd 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 real sister has been issued a Caste Validity Certificate on 30th March 2019. The petitioner's claim for grant of Caste Validity Certificate is pending with the Scrutiny Committee. However, in view of the Government Resolution dated 22nd July 2024, time of six months has been granted to submit such Caste Validity Certificate. Though the learned Additional Government Pleader submits 2/3

that a clarification has been sought by the State Common Entrance Test Cell on 24th July 2024 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 LL.B. 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 11th July 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. ] 3/3