← Library
Bombay High CourtWP/649/2025disposed off

Aradhya Yogesh Bana v. The State Of Maharashtra Through Secretary And ORS

2025-01-16Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Shri Justice Ashwin D. Bhobe3 pages

Digitally signed by CHAITANYA ASHOK JADHAV Date:

2025.01.18 13:35:01 +0530 CHAITANYA ASHOK JADHAV 1/3 903-Wp-649-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 649 OF 2025 Aradhya Yogesh Bana ..

Petitioner

Versus

The State Of Maharashtra Through Secretary And Ors.

..

Respondents ...

Mr. C. K. Bhangoji, for the Petitioner.

Ms. Pooja Joshi Deshpande, for the Respondent Nos.1, 3 and 5. ...

CORAM : BHARATI DANGRE & ASHWIN D. BHOBE, JJ.

DATED : 16th JANUARY, 2025 P.C:- 1.

The Petitioner is granted admission for the first year MBBS course in the academic year 2024-25 and he is admitted by the Respondent No.4 on the seat reserved for Scheduled Tribe on 05.09.2024.

The Petitioner claim to be belonging to the Koli Mahadev, a Scheduled Tribe, and he secured a seat on clearing the NEET 2024, conducted by the National Testing Agency and he is admitted on the seat reserved for Scheduled Tribe. 2.

The grievance of the Petitioner is that his claim

2/3 903-Wp-649-2025.doc was forwarded to the Respondent No.5-Committee and the Committee had issued a notice of hearing to the Petitioner pursuant to which his father appeared before the Committee on 25.11.2024 but till date the Committee has not decided the claim.

He apprehends that his admission to the medical course would be cancelled if the validity certificate is not produced and his limited request today is that the Committee be directed to decided his claim in a time bound manner. 3.

Our attention is invited to the Order dated 05.09.2024 passed in the Petition filed by the Petitioner wherein the Respondent-College was directed to consider the claim of the Petitioner without insisting on the Petitioner's validity certificate and the Committee was directed to decide the claim within a period of four months from the passing of the Order.

4.

Since the Petitioner finds himself in a helpless situation as his claim for verification is pending before the Committee and at the same time he being admitted to the medical course on a seat reserved for Scheduled Tribe, taking into consideration the stage at which the proceedings before the Committee are pending, we direct the Respondent No.5Committee to decide a claim of the Petitioner, within a period of four months from today. In the meantime we direct that the admission of the Petitioner in the Respondent No.4-College shall not be discontinued on the ground that he has not produce the validity certificate, however the college is at

3/3 903-Wp-649-2025.doc liberty to take a decision on expiry of the period of two weeks upon the claim of the Petitioner being decided by the verification committee.

With this direction, the Writ Petition is disposed off. 5.

The learned A.G.P. shall communicate the order to the Committee and we expect the Committee to strictly comply with our directions.

(ASHWIN D. BHOBE, J.) (BHARATI DANGRE, J.)