1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 983 OF 2010 Harish Dnyaneshwar Patil } Age : 18 Yrs., Occ. : Education, } R/o : Shirud, Tq. Amalner, } Dist. : Jalgaon. } .... PETITIONER V E R S U S 1. The State of Maharashtra & others } Through th e Secretary, } Higher Technical Education } Department, Mantralaya, } Mumbai – 400 32. } 2. The Directorate of Technical Education Maharashtra, 3, Mahapalika Marg, } Post Box No. 1967, } Mumbai - 400 001. } 3. The Caste Scrutiny Committee } Nashik Division No. 2, } Dhule, } 4. The North Maharashtra University } Jalgaon. } 5. The Principal, } D.N.Patel College of Engineering } Post Box No. 61, Sharada, } Dist. Nandurbar – 425 409. } .... RESPONDENTS Mr. Shrikant S.Patil, Advocate for petitioner. Mr. S.V.Kurundkar, Additional Govt. Pleader for State. 2 CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT: 29/04/2010 ORAL JUDGMENT : [ PER – P.V.HARDAS, J. ] 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. We have heard Mr. Shrikant S.Patil, Advocate for petitioner and Mr. S.V.Kurundkar, Additional Govt. Pleader for State. None appears on behalf of respondent no. 5 though respondent no. 5 has been served. We have perused the affidavit of service filed by the petitioner and it transpires that respondent no. 5 has been served and has chosen not to put in appearance. 3. The petitioner came to be granted admission for the first year degree course in Engineering for the academic year 2009 – 2010 on a seat which was reserved for O.B.C. candidate. At the time of admission, since the petitioner was not possessing the validity certificate, the petitioner was granted time for producing the validity certificate. However, since the validity certificate was not produced by the petitioner, by communication dated 30/11/2009, which was received by the petitioner on 8/1/2010, the admission of the petitioner 3 came to be cancelled. The caste claim of the petitioner had been submitted to the respondents-authorities for verification and for no fault of the petitioner, the admission of the petitioner has been cancelled. The petitioner has now annexed to the petition a validity certificate dated 21/12/2009 validating his claim as belonging to “ Kunbi ” - O.B.C. category. 4. In that light of the matter, therefore, we allow this petition by quashing the impugned communication dated 30/11/2009 cancelling the admission of the petitioner and permit the petitioner to produce the validity certificate before the respondents – authorities and direct the respondents – authorities to restore the admission of the petitioner. In the light of restoration of the admission of the petitioner, the petitioner would be entitled to all consequential benefits including permission to appear for the examination, if the petitioner is otherwise eligible. 5. Writ Petition is accordingly allowed with no order as to costs. Rule made absolute on the above terms. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 983.10 ( J ) 4