Darshan Mahesh Sawant v. The State Of Maharashtra And ANR

107-WP-18898-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18898 OF 2024 Darshan Mahesh Sawant .. Petitioner Vs.

The State of Maharashtra & Anr.

.. Respondents Mr. Sushant C. Yeramwar, for the Petitioner.

Mr. R.S. Pawar, AGP for the Respondent Nos.1 and 2-State. CORAM : SHREE CHANDRASHEKHAR & MANJUSHA DESHPANDE, JJ.

DATE : 28th JULY 2025.

P.C. :

In Writ Petition No.18898 of 2024, the Caste Validity Certificate issued in favour of the petitioner has been invalidated on the ground that there were certain interpolation in the records. 2.

Mr. Pawar, the learned AGP appearing for the respondnet nos.1 and 2-State has apprised this Court that the father and uncle of the petitioner has been issued show cause notices as regards the Caste Certificate issued in their favour.

3.

However, having regard to the decisions in "Raju Ramsing Vasave V/s. Mahesh Deorao Bhivapurkar & Ors." (2008) 9 SCC 54 and the judgment rendered by this Court in "Apoorva Vinay Nichale V/s. Divisional Caste Certificate Scrutiny Committee No.1 & Ors." 2016 (6) Mh.L.J. 401, we are inclined to permit the petitioner to submit application seeking admission in the Engineering course pending reply to be filed by the State respondents within four weeks.

4.

In this writ petition, the petitioner has not disclosed the name of college/institute where he intends to take admission but the learned 1/2 Kartikeya Goti

107-WP-18898-2024.doc counsel appearing for the petitioner has made a statement at the Bar that the petitioner intends to take admission in the Engineering course. If that is so, the petitioner shall produce a copy of the advertisement indicating the last date for submission of application for admission and necessary documents supporting his entitlement for admission in the Engineering course.

5.

The Authority concerned shall accept the application of the petitioner seeking admission in the Engineering course provided the same is submitted within last date for submission of the application for admission. However, it is made clear that the admission granted to the petitioner if he qualifies and is entitled for admission in the Engineering course shall be temporary in nature and no equity shall be claimed by the petitioner on the next date of hearing. We shall also indicate that this order we are making not only having regard to the decisions mentioned hereinabove but also taking note of the submission made on behalf of the petitioner that admission if any taken by the petitioner shall be at his risk and cost.

6.

Post the matter on 25th August 2025.

[ MANJUSHA DESHPANDE, J. ] [ SHREE CHANDRASHEKHAR, J. ] 2/2 Kartikeya Goti