Rajas Prasad Patil v. State Of Maharashtra Thr Sec. Tribal Dev. Dept. And ORS

Satish Sangar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15174 OF 2025 SATISH RAMCHANDRA SANGAR Rajas Prasad Patil Aged 18 Years, Occupation : Student, Resident of At Post : Saral, Taluka : Alibag, District : Raigad.

...Petitioner

Versus

1. State of Maharashtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai : 400032.

2. Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Through its Member-Secretary having its office at MTNL Building, 6th Floor Charai, Thane (West).

3. State Common Entrance Cell Through its Commissioner having its office at Excelsior Building, 8th Floor, A.K.Nayak Marg, Fort, Mumbai : 23.

...Respondents

SATISH RAMCHANDRA SANGAR Date: 2025.11.10 19:18:44 +0530 Mr.R.K.Mendadkar a/w Ms.Priyanka Shaw, Mr.Jagdish Kawle, for the Petitioner.

Mr.N.C.Walimbe, Addl.G.P. a/w Smt.R.A.Salunkhe, AGP, for the Respondent Nos.1 and 2 - State.

Ms.Sheetal Ulhas Malvankar, for the Respondent No.3.

CORAM:

SUMAN SHYAM & S. M. MODAK, JJ.

DATED:

10th NOVEMBER 2025.

PC:- 1.

Heard Mr.Mendadkar, learned counsel for the Petitioner, Mr.Walimbe, learned Addl.G.P. for Respondent Nos.1 and 2 and Ms.Sheetal Malvankar, learned counsel for the Respondent No.3.

2.

The Petitioner herein has secured admission in B.Pharmacy course for the academic year 2025-2026, as a reserved category candidate (Scheduled Tribe). Accordingly, he is pursuing the course under the NCRD's, Sterling Institute of Pharmacy, Navi Mumbai. The admission was granted to the Petitioner as a ST candidate upon being successful in the entrance test conducted by the Respondent No.3. The apprehension of the Petitioner is that due to non furnishing of validity certificate, his admission might be cancelled.

3.

Mr.Mendadkar submits that the deadline for submitting the caste validity certificate is today i.e. 10th November 2025. However, the process of scrutiny is yet to be completed by the Respondent No.2 as a result of which, the Petitioner is facing serious uncertainty as regards his academic pursuit and he is not in a position to submit his validity certificate.

4.

The learned counsel for the Petitioner has further submitted that he cannot be held responsible for the delay in granting caste validity certificate by the concerned Authority. 5.

Mr.N.C.Walimbe, learned Addl.G.P. submits that the vigilance report is still pending and as soon as the same becomes available,

the validity certificate of the Petititioner will be issued in accordance with law.

6.

After going through the material available on record, we find that validity certificate has already been issued in the name of the brother of the Petitioner namely Nikhil Prasad Patil on 17th May 2017 as well as the sister of the grandfather of the Petitioner namely Rekha Balu Patil on 7th February 2013. Since the blood relation of the above persons with the Petitioner is not in dispute, therefore, it is apparent on the face of the record that the Petitioner has made out a strong prima facie case in his favour. Under such circumstances, if the academic career of the Petitioner is jeopardized, merely on account of delay in issuing validity certificate, the same, in our considered opinion, would lead to travesty of justice.

7.

For the reasons stated above, without expressing opinion on the merit of the claim of the Petitioner, in so far as the validity certificate is concerned, we dispose of this Writ Petition by providing that the caste validity certificate of the Petitioner, be processed and if found due, be issued within a period of 3 months from the date of receipt of copy of this order. Till such time, the Petitioner shall be allowed to continue in the B. Pharmacy course

as a ST candidate without producing the validity certificate, subject, however, to compliance with the other requirements of the rules. The continuance of the Petitioner would be subject to the outcome of the process of issuance of caste validity certificate. 8.

With the above observations, Writ Petition stands disposed of.

9.

This order be communicated to the Respondent No.3 today itself by learned counsel appearing for the Respondent No.3. (S. M. MODAK, J.) (SUMAN SHYAM, J.) {