The court emphasized the principle of restitutive justice, allowing admission under exceptional circumstances where the candidate is not at fault for administrative errors.

JUDGMENT :

M. M. SATHAYE, J.

1. Rule. Rule is made returnable forthwith. Heard finally by the consent of the parties.

2. This Petition is filed by a student aspiring for the Post Graduation – M.D.(Homeopathic) Course. The Petitioner is seeking directions to the Respondent No. 1 - College and the Respondent No. 2 - State Common Entrance Test (CET) Cell to keep his seat reserved and further directions to admit him to the said Course under reserved category. The Petitioner belongs to Dhangar (29) Caste - Nomadic Tribe (C). The caste certificate dated 06/08/1997 bearing no. 216/1997 was issued by the concerned Sub- Divisional Officer certifying that the Petitioner belongs to the said tribe. The concerned Scrutiny Committee on 14/10/1999 issued the Validity Certificate to the Petitioner. However, the number of the Caste Certificate stated in the Validity Certificate was different from the Caste Certificate issued to the Petitioner. For this reason, the Petitioner was found ineligible in continuing with admission to the said post graduate course.

3. Notices were issued in this Petition on 14/11/2024 and the Petitioner was permitted to continue his education, subject to the outcome of the Petition. By order dated 19/12/2024 passed in this Petition, the Respondent No. 7 (Secretary, Caste Certificate Scrutiny Committee, Pune Division, Pune) was directed to verify the original Caste Certificate of the Petitioner and indicate further steps for correction.

4. The Respondent No. 2 CET Cell filed affidavit-in-reply affirmed on 26/12/2024. Learned Counsel for the Respondent No. 2, relying on the said affidavit submitted as under. That the Petitioner failed to indicate that the ad-interim relief was granted to him on 14/11/2024. That in the letter dated 21/11/2024 under which the Respondent No. 2 was served, it was merely mentioned that the hearing is scheduled on 28/11/2024 and there was no mention of interim relief. That thereafter the matter was moved without prior notice and further continuation of the ad-interim order was secured. That the Petitioner was allotted the Respondent No. 1-College on 29/10/2024 in CAP-3 round and thereafter, he was required to abide by terms and conditions of the admission. That though the Petitioner reported to the College, he did not submit original Caste Verification Certificate. That for not fulfilling essential requirement of submission of documents, which is solely the Petitioner's responsibility, the Petitioner is no longer eligible to claim the allotted seat. That the Petitioner does not have vested right in the allotted seat without complying the condition of necessary document submission within timeline. That in the subsequent rounds of admission, the seat allotted to the Petitioner, has been allotted to the next meritorious candidate as per schedule.

5. In these circumstances, on 07/01/2025, the learned Counsel for the Respondent No. 2 was granted time to take instructions as to whether there are any vacant seats available for the said course for academic year 2024-25. Today we are informed that no vacant seat is available with the Respondent No. 1-College and all the seats are filled up.

6. The learned Counsel for the Petitioner has produced on record the Affidavit of the Petitioner dated 24/12/2024 and a Caste Validity Certificate dated 18/12/2024 in which the correct number and date of his original Caste Certificate is mentioned. The same is taken on record and marked as “Exhibit-X” (collectively). Therefore, it appears that the Petitioner has approached the Caste Scrutiny Committee in the meantime and has obtained a corrected Caste Validity Certificate, thereby removing the discrepancy in the number of Caste Certificate, which has led to the present situation.

7. Learned Counsel for the Petitioner submitted that for no fault of the Petitioner, the seat which was allotted to him has been now allotted to somebody else and if this Court does not intervene, the Petitioner would lose an opportunity to contin