IMPORTANT POINT
The court established that adherence to deadlines in the admission process is essential for maintaining order and preventing disruption in academic scheduling, and that the Caste Certificate Rules 2012 do not impose mandatory consequences for failing to meet the specified time limits.

JUDGMENT/ORDER

SUNIL B.SHUKRE, J. - Heard learned Counsel for the Petitioner, learned AGP and the learned Counsel for Respondent No.4.

2. It is seen that the Petitioner was admitted to J. J. School of Arts on a reserved seat and subject to the condition that he was to produce Caste Validity Certificate on or before 14/8/2023. It is further seen that the Petitioner could not produce the Caste Validity Certificate before the expiry of cut-off date and resultantly, admission of the Petitioner came to be cancelled, though belatedly.

3. Learned Counsel for the Petitioner submits that Caste Validity Certificate was indeed issued to the Petitioner on 16th August. 2023 and it was so, after a period of about 10 months from the date on which the Petitioner filed an application, making a request for scrutiny and issuance of Validity Certificate to the Petitioner. He submits that, there was no fault on the part of the Petitioner and whatever fault was there, it was on the part of the Scrutiny Committee which had not followed the mandate of the sub-rule 10 of Rule 5 of the Caste Certificate Rules 2012 ("Rules 2012" in short) Rules. The learned Counsel for the Petitioner also relied upon the following cases:-

<WXY>(1) Writ Petition No. 10361 of 2018 decided on 19/12/2022; (2) Writ Petition No. 15277 of 2022 decided on 6/9/2023; and (3) Writ Petition No. 326 of 2020 decided on 13/7/2022.</WXY>

4. Sub-rule 10 of Rule 5 of Rules, 2012 lays down that the claim of the Caste Certificate shall be decided by the Competent Authority within 45 days. However, this Rules does not provide for any consequences if the time limit of 45 days is not adhered to by the Competent Authority. This Rules nowhere say that if the claim of Caste Certificate is not decided within the prescribed time of 45 days, it shall be deemed to be issued. Besides, this Rule is applicable to a claim made for issuance of Caste Certificate and is not applicable to a claim made for verification of the Caste Certificate. Therefore, sub-rule 10 of Rule 5 of Rules 2012 would not provide assistance to the Petitioner. However, there is another Rule which may perhaps throw light upon this aspect of the matter which is about maximum time limit within which the Scrutiny Committee shall take its decision. That provision has to be found in subrule 5 of Rule 18 of the Rules, 2012. The time limit provided under this provision is of three months in ordinary course but in exceptional circumstances, further time of additional two months has been provided for deciding the claims pertaining to verification of the Caste Certificates. Again, no consequence is prescribed nowhere in this rule, if this time limit is not adhered to by the Scrutiny Committee. That only means that this provision of law would have to be understood as directory in nature and not mandatory in nature.

5. In Writ Petition No. 316 of 2020, the facts and circumstances of the case were different, which showed that the Petitioner therein had already taken admission and there was no action being taken by the Principal of College for ensuring compliance to be made by the Petitioner regarding submission of the Validity Certificate within a particular period of time and that was the reason why on 27/12/2018, the Jt. Director of Technical Education informed the Principals of all Colleges in Nagpur that deficiencies in admission forms of the students who were admitted for the Academic Year 2018-19, be directed to be removed by 31/12/2018. Thus, this was a case where the authorities themselves had extended time for submission of Validity Certificate not just for one student but all the concerned students, and it was in this context, that the Co-ordinate Bench of this Court at Nagpur held that the students must not be made to loose their academic year for want of Validity Certificate. Here, no such general extension of time line is there and the admission that was given to the Petitioner was provisional, subject to the condition that the Petition