1 wp3345.09.odt FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.3345/2009 ( Nandan Ade & others ..V/s.. State of Maharashtra & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.W. Sambre, counsel for petitioners. Mr. C.N. Adgokar, A.G.P. for respondent no.1. Mr. J.B. Kasat, counsel for respondent no.2. Mr. D.A Sonwane, counsel for respondent no.3. CORAM : D.D. SINHA & F.M. REIS JJ. DATE : 19 th NOVEMBER , 2009 . Heard Mr. Sambre learned counsel for petitioner, Mr. Adgokar learned A.G.P. for respondent no.1, Mr. Kasat learned counsel for respondent no.2 and Mr. Sonawane learned counsel for respondent no.3. Petition is directed against the communication dated 7/7/2009 issued by respondent no.2 - Pravesh Niyantran Samiti as well as communication dated 18/7/2009 issued by respondent no.3 – College whereby petitioners are informed that Pravesh Niyantran Samiti has disapproved the admission of petitioners for non-submission of Caste Validity Certificate. Learned counsel for petitioners has submitted that petitioners were given admission to B.E. Course for the Academic Session 2008 – 2009 in respondent no.3 college 2 wp3345.09.odt from VJ (A) and O.B.C. Category. Petitioners submitted the original Caste certificate along with the documentary evidence in support of their caste claim to respondent no.3 – college, immediately after they were admitted in the college of respondent no.3. Respondent no.3 - college forwarded these documents to the concerned Caste Scrutiny Committee for verification of the caste claim of petitioners. It is contended that at the time of admission the undertaking was given by the petitioners that the validity certificate would be submitted on or before 30th September 2008 before the competent authority. However, since the Caste Scrutiny Committee did not conclude the verification proceedings before the said date, petitioners could not submit their validity certificate and therefore the Pravesh Niyantran Samiti issued the impugned communication and disapproved admission of petitioners. It is contended by learned counsel for petitioners that in the mean time petitioners appeared for B.E. 2nd year course, before the impugned communication is received by the college from Pravesh Niyantran Samiti. It is contended that verification proceedings were concluded by the Caste Scrutiny Committee and validated the caste claims of petitioners vide orders - dated 28/7/2009 of petitioner no.1, vide order dated 26/6/2009 of petitioner no.2, vide order dated 4/6/2009 of petitioner no.3, vide order dated 25/6/2009 of petitioner no.4, vide order dated 9/4/2009 of no.5 and vide order dated 5/10/3008 of petitioner no.6. It is contended that the caste claim of petitioners came to be validated by the Caste Scrutiny Committee after the cut off date and therefore, it was not possible for petitioners to 3 wp3345.09.odt submit the validity certificate before the cut off date though the undertaking was given by petitioners in this regard. It is therefore, prayed that liberty may be given to petitioners to submit the validity certificate to the college with request to forward it to the Director of Technical Education who may also be directed to consider it favourably in view of the peculiar circumstances of the present case. Learned counsel for respondent no.3 – college does not dispute the factual aspects. Considered the contentions canvassed by learned counsel for petitioner. In view of the above referred undisputed facts it is the Caste Scrutiny Committee who took time to decide the caste claim of petitioners and therefore, petitioners cannot be blamed for the delay caused in deciding the caste verification proceedings. At the same time we cannot loose sight of the fact that the caste claim of petitioners are validated by Caste Scrutiny Committee. Petitioners are also given admission to 2nd year of B.E. Course and they are also permitted to attend classes till the impugned communication is issued by the Pravesh Niyantran Samiti. Taking into consideration all these factors as well as in the interest of justice, we are of the view that the Pravesh Niyantran Samiti should reconsider the issue afresh. Therefore, we dispose of petition with liberty to petitioners to submit the validity certificates to the college who is directed to forward them to the Director of Technical Education who is also directed to forward it as per procedure 4 wp3345.09.odt to the Pravesh Niyantran Samiti who shall consider the issue sympathetically in the light of peculiar circumstances of the present case and take a decision accordingly in approving the admissions of petitioners. Needless to mention that the impugned communication dated 7th of July 2009 shall not come in way of reconsideration of the issue of approving the admissions of petitioners. With the above observations and directions writ petition is disposed. JUDGE JUDGE Tambaskar.