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2016 Supreme(Bom) 1308

S.C.DHARMADHIKARI, B.P.COLABAWALLA
Apurva Dnyaneshwar Mhatre – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners: Mr. A.V. Anturkar, Senior Counsel, Mr. Prathamesh Bhargude, Mr. Mahesh D. Tiwari, Mr. V.M. Thorat, Ms. P.V. Thorat, Mr. A. Sheth and Ms. S.N. Shivkar.
For the Respondents: Mr. Abhay L. Patki, Addl. Govt. Pleader, Mr. A.I. Patel, Addl. Govt. Pleader and Mr. Rajshekhar V. Govilkar.

JUDGMENT :

S.C. DHARMADHIKARI, J.

Writ Petition No. 2091 of 2014

1. Rule. Respondents waive service. By consent of parties, rule made returnable forthwith.

2. These two Petitions under Article 226 of the Constitution of India challenge the order passed withdrawing and cancelling a Non-Creamy Layer Certificate (“NCL certificate” for short) which was obtained by the Petitioner's parents in order to enable them to secure admissions in educational institutions, particularly, for the course in medicine against seats reserved for Other Backward Classes (“OBC”). It is common ground that in order to be eligible for such admissions, the candidate/student must satisfy the authorities that not only he belongs to an Other Backward Class notified as such for the State of Maharashtra together with other conditions but importantly he does not belong to a Creamy Layer. For establishing and proving that such a student/candidate does not belong a Creamy Layer but is a non-creamy layer candidate that a certificate is required to be obtained. That certificate has to be obtained on filling up the requisite application accompanied by an affidavit of the Applicant disclosing how he fulfills the criteria dete

















































































































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