The hyper-technical denial of admission based on a missing original caste certificate was ruled unjust, necessitating recognition of merit-based rights and valid documents.

JUDGMENT

BHARATI DANGRE, J.

1. Rule. Rule is made returnable forthwith. Respective counsel waives service of notice of hearing for the respondents. Heard finally by consent of the learned counsel for the parties.

2. Being aggrieved by the alleged high-handed action on the part of the respondent Nos.2 and 3 in denying a seat to the petitioner in the respondent No.3, Karamveer Dadasaheb Kannamwar (K.D.K.) Engineering College, Nagpur on a flimsy ground of non-production of the caste certificate, and despite a genuine cause being shown by the petitioner, the petitioner has approached this Court seeking the following reliefs :

“A. That, by passing a suitable writ, order or direction in the nature of Mandamus, directing the Respondent no.3 to comply with conditions put up by Respondent no.2 and accordingly confirm the admission of Petitioner along with grant him additional time to produce original caste certificate.

B. Further be please to Grant Stay to the effect and operation of admission procedure of Cap Round I as there are possibilities that the Respondent no.3 is lightly to allow admission to other candidates as to complete the quota of Cap Round I and that Petitioner no.1 may lost his seat and there will be a drastic loss of whole year in his career life.”

The petition is filed by one Aryan Naresh Shende, who participated in the process initiated by the State Common Entrance Test Cell of the Government of Maharashtra for filling up of the seats for Full Time Professional Under Graduate Course annexed with the Information Brochure published for admissions for the Academic Year 2024-2025.

The petitioner applied for the MHT-CET 2024 for securing admission in an Engineering Course in the State of Maharashtra and participated in the Centralized Admission Process (CAP) and was allotted his first preference College, i.e. Karamveer Dadasaheb Kannamwar (K.D.K.) Engineering College, Nagpur in the first round, as his score in the CET made him entitled to the seat in the said College on the basis of his merit.

According to the petitioner, as per the Rules of CAP, he opted for the ‘Auto Freeze’ option, effectively closing the possibility of participation in the subsequent CAP Rounds, as he was satisfied with the allotment of the College and the stream, which he was desirous of pursuing and therefore, he confirmed his admission online and also completed the requisite process by uploading the necessary documents on the web portal. However, the College denied the admission on the ground that the petitioner was unable to produce the original caste certificate, despite the fact that he was possessing the caste validity certificate and submitted a self-declaration undertaking to provide the original caste certificate by the CAP Round-III.

The grievance of the petitioner is that he was denied admission on the seat which was allotted to him in the CAP Round-I and he was even prevented from participating in the subsequent rounds which has put his career to risk, by ignoring his merit and entitlement.

3. We have heard the learned counsel Ms Ayushi Mishra for the petitioner, who faced opposition from the learned counsel Mr. Nikhil Gaikwad representing the Commissioner, State Common Entrance Test Cell, Maharashtra State, and the learned counsel Mr. Kaustubh Patil representing the K.D.K. Engineering College, Nagpur.

The State of Maharashtra, Higher and Technical Education is represented by the learned Assistant Government Pleader Mr. Sushil Ghodeswar.

We have garnered the facts from the petition which contains the necessary pleadings in respect of the reliefs sought therein, which is acco