: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5532 OF 2007 Ms. Sonali Shrikant Dudhone ... Petitioner Vs 1. State of Maharashtra & 4 ors. ... Respondents Mrs. S.S. Gokhale for the petitioner. Mr. Vinay Masurkar, GP, with Ms. Lata Patne for the respondents No.1 & 2. CORAM: S.B. MHASE & R.M. SAVANT, JJ. DATED : 16TH SEPTEMBER, 2009. P.C.: 1. Heard. 2. In this matter, Rule has been granted by this court on 1st August, 2007. Petitioner is a student of the respondent No.3-college and she is taking education in the discipline of Computer Engineering. The petitioner was admitted in the SBC category as she claims that she belongs to the ‘Hindu Sali’ community. The petitioner’s certificate has been validated by : 2 : the Caste Scrutiny Committee. The petitioner was admitted to the said course in August 2006. However, at a later stage, she was communicated that her admission has been cancelled as she has not submitted the Non- creamy Layer Certificate. Under these circumstances, the petitioner has approached this court. 3. Our attention has been drawn to the brochure wherein the admission rules of the said course have been provided for. So far as the Non-creamy Layer Certificate is concerned, it is stated in the said brochure thus: “@ Non-Creamy Layer Certificate:- A candidate belonging to Creamy Layer ‘amongst the categories NT2, NT3 and OBC must note that the provision of reservation is NOT applicable to him/her. A candidate claiming benefit of reservation under the categories NT2, NT3 and OBC above will be required to produce “Non-Creamy Layer Certificate” in the name of the parent as per Annexure-A as specified in the Government Resolution No.CBC 1094/CR- 86/MVK-5, dated 5th June 1997; No.CBC 1094/CR-86/OBC-5, dated 6th June 2000, No.CBC/10/2001/CR-11/MVK-5, dated 29th May 2003. The certificate must have been valid for the year 2006-2007 (issued preferably on or after 1st April 2005). However, such a Non-Creamy Layer Certificate shall be produced in any case on or before the last date of filing up of Preference Form, failing which the category claimed will not be considered.” : 3 : 4. On going through this provision, what we find is that Non-creamy Layer Certificate is not required for SBC category. It is only required in case of NT2 and NT3 and OBC category. The petitioner does not fall in the said categories and it was not necessary for the petitioner to submit the Non-Creamy Layer certificate. The learned Government Pleader for the respondent-State states that the admission has been cancelled on the ground of non submission of Non-creamy Layer Certificate which is also reflected in the letter issued by the college to the petitioner dated 23rd July, 2007. 5. In the above facts and circumstances, we specifically asked the learned Government Pleader as to which is the provision which requires the petitioner to submit the Non-creamy Layer Certificate. The learned Government Pleader has fairly submitted that so far as the brochure is concerned, there is no provision in the said brochure. Thus, we find that the reason for cancellation of the admission of the petitioner is for an improper reason. We, therefore, allow the Petition. Rule is, accordingly, made absolute in terms of prayer clauses (a) and (b) of the Petition. Sd/- Sd/- (R.M. SAVANT, J.) (S.B. MHASE, J.)