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2023 Supreme(Bom) 1795

SUNIL B. SHUKRE, FIRDOSH P. POONIWALLA
Bhushan Sangappa Chaudhari – Appellant
Versus
State of Maharastra – Respondent


Advocates appeared:
Shrirang Katneshwarkar, Advocate, N.C.Walimbe, Advocate, Nikhil Chavan, Advocate

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 follow

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