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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S. CHANDURKAR, JITENDRA JAIN, JJ.
Miss. Anisa Arashad Diwan - Petitioner
Versus
The State of Maharashtra, Through its Secretary, Technical Education Department and Ors. - Respondents
Writ Petition No.9579 Of 2022
Decided On : 22-02-2024
Caste Validity Certificate - Admission Cancellation - [Article 226 of the Constitution of India] - [Serial No.14, Serial No.2, Serial No.10 of the admission notice] - The court analyzed the instructions for candidates in the admission notice and concluded that the cut-off date for submitting the caste certificate did not apply to the petitioner's case. The court also considered the timing of the submission of the Caste Validity Certificate and the college's acceptance of fees for subsequent academic years, ultimately ruling that the college was not justified in canceling the admission.
Fact of the Case:
The petitioner, a student belonging to the Julaha-Other Backward Class, challenged the cancellation of her admission to a Mechanical Engineering course due to a delay in submitting the Caste Validity Certificate.
Finding of the Court:
The court found that the instructions for submitting the caste certificate did not apply to the petitioner's case and that the college's acceptance of fees for subsequent academic years implied an extension of the submission deadline. The court also noted that canceling the admission at the petitioner's stage of studies would cause manifest injustice.
Issues: The main issue was the justification for canceling the petitioner's admission due to a delay in submitting the Caste Validity Certificate.
Ratio Decidendi: The court held that the cut-off date for submitting the caste certificate did not apply to the petitioner's case, and the college's actions implied an extension of the submission deadline. The court also emphasized that canceling the admission at the petitioner's stage of studies would cause manifest injustice.
Final Decision: The court quashed the communication canceling the petitioner's admission and directed the respondents to permit the petitioner to complete her course of B-Tech Mechanical Engineering.
JUDGMENT :
(Jitendra Jain, J.) :
1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
2. By this Petition under Article 226 of the Constitution of India, the Petitioner a student who belongs to Julaha-Other Backward Class challenges action of Respondent No.5-College, whereby the College vide letter dated 25th July 2022 has cancelled the admission on the ground that there is a delay in submitting the Caste Validity Certificate.
3. Brief facts are as under :-
(ii) Based on the above marks scored by the Petitioner in the CET, she was allotted in CAP Round-II Respondent No.5-College for the course of Mechanical Engineer in the category of “OBC” candidates.
(iii) On 8th December 2020, CET cell of Respondent No.1 issued admission notice for B.E./B.Tech course for academic year 2020-21. As per the said notice, the candidate was required to fill online form and the scrutiny of the documents would also be conducted based on the documents uploaded with the Application Form. As per Serial No.14 of the said notice, which is applicable to admission under CAP Round-II, the candidate who have been allotted the seat in Round-II shall pay the “Seat Acceptance Fee” by online mode. The cut-off date for admission for the academic year 2020-2021 was 14th January 2021 and the last date of uploading the data by the institute was 15th January 2021 for students who were allotted seat under CAP Round-II. As per Serial No.2 of instruction for candidates as per the aforesaid notice, it was stated that the candidates belonging to reserve categories shall produce ‘Caste Validity Certificate’ valid upto 31st March 2021. Further it is stated therein that if such candidates fail to produce the original certificate or receipt of Caste/Tribe validity certificate, Non Creamy Layer certificate and EWS certificate issued by competent authority at the time of verification by E-Scrutiny center, then such candidates will be treated as General category candidates for CAP Admissions. Instruction No.9 stated that seat will be confirmed by Allotted Institute after verification of original documents and after ensuring that the candidate meets all the eligibility norms. The admission in-charge of the Institute shall issue Online Receipt of admission confirmation to the candidate. Serial No.10 of the instructions states that reserve candidates, who submitted receipt of Caste Certificate during the E-document verification and confirmation period should scan and submit Caste Certificate at the time of payment of seat acceptance fee and submit original certificate at Allotted Institute on or before 31st December 2020, otherwise these candidates shall be considered as Open category candidates and there allotment, if any, shall be cancelled.
(iv) On 11th December 2020, the Petitioner applied for Caste Verification Certificate to validate her certificate of 2013 on the basis of which she had secured her school admission.
(v) The Petitioner along with her application form had filed receipt/token dated 14th December 2020 evidencing that she had made application for Caste Verification Certificate. On 29th January 2021, the Respondent No.1-State CET Cell issued receipt-cum-acknowledgement of confirmation of admission to First Year of Under-Graduate Technical Course in Mechanical Engineering to the Petitioner under “OBC category”. The Respondent No.5 on 29th January 2021 issued receipt for fees received from the Petitioner towards admission to F.Y-B.Tech- Mechanical Engineering Course under CAP-OBC.
(vi) On 26th March 2021, the District Caste Certificate Scrutiny Committee is
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The court reinforced that claims for caste-based benefits must be substantiated with credible evidence, and the verification process is crucial to prevent fraudulent admissions.
The Court emphasized that technicalities regarding caste certification should not deny admission to eligible candidates, supporting restitutionary justice for meritorious students.
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The court emphasized the importance of reservation for OBC candidates to encourage higher education and held that the respondent's action in not approving the petitioner’s admission was arbitrary and....
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