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Bombay High CourtWP/15508/2024disposed off

Sapna Sakharam Patil v. State Of Maharashtra Thr. G.P. And ORS

2024-11-05Hon'Ble Justice Shri Arif S. Doctor , Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

1 4-ASWP-15508-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15508 OF 2024 Sapna Sakharam Patil ... Petitioner V/s.

State of Maharashtra Through GP & Ors ... Respondents ----- Mr. Kaustubh Patil, for Petitioner.

Smt. V.R. Raje, for Respondent Nos.1, 4 & 5.

Mr. Sameer Khedekar, a/w Bharti Gerella for Respondent No.2-State CET Cell. ----- CORAM :

ARIF S. DOCTOR & SOMASEKHAR SUNDARESAN, JJ.

DATE :

5TH NOVEMBER 2024 [VACATION COURT] P.C. :

1.

The petition is filed in view of the non-acceptance of the Petitioner to the BAMS (PG) Course conducted by Respondent No.3-College on the ground that there was a discrepancy in the Caste Validity Certificate and the Caste Certificate submitted by the Petitioner.

2.

At the request of learned Government Pleader, the matter is kept back at Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2024.11.06 17:12:05 +0530 ASHWINI JANARDAN VALLAKATI Ashwini Vallakati

2 4-ASWP-15508-2024.doc 2:30 p.m. to enable to check the veracity of the Caste Validity Certificate dated th March, 2018 issued to the Petitioner.

At 2:30 p.m.

3.

Learned GP after verifying the said certificates on instructions confirms that the Caste Certificate as per the record of Sub-Divisional Officer is the same as the one submitted by the Petitioner to Respondent No.3- College. Given this, the ground for rejection of the Petitioner's application to the BAMS (PG) Course by Respondent No.3 is entirely unfounded. The Petitioner in our view is entitle to the benefit of admission to Respondent No.3- College. In the event, there is no available seat in Respondent No.3- College then the Petitioner shall be entitled to avail the benefit in the stray round.

4.

Learned Counsel appearing on behalf of Respondent No.2 undertakes to inform Respondent No.3 of this order. We must note that Respondent No.3 though served has not appeared today.

5.

The Petitioner once again to serve Respondent No.3, stand over to 7 th November, 2024.

(SOMASEKHAR SUNDARESAN, J.) (ARIF S. DOCTOR, J.) Ashwini Vallakati