Admission to Engineering College against reserved category and to produce caste validity certificate before cut-off date – Certificate was produced after cut-ff date – Admission was cancelled – Legality
On 8.12.2020, the admission notice for B.E / B.Tech course was published.
The candidates of reserved categories were required to produce Caste validity certificate on or before 31.12.2020.
On 11.12.2020, the petitioner applied to validate her caste certificate of 2013 on the basis of which she was given admission.
On 14.11.2020, the petitioner had produced receipt of application made to the Caste Verification Committee to the College.
On 29.1.2021, the Respondent No.1 issued confirmation of admission of the petitioner in Mechanical Engineering from OBC category.
On 26.3.2021, the Committee issued caste validity certificate to the petitioner and on 27.3.2021 it was produced to the College.
In August, 2021, the College issued show cause notice for cancellation of admission since they was delay in producing the caste validity certificate. The said notices were replied.
Thereafter, the fees of the petitioner for 2nd year and 3rd year was accepted.
On 5.10.2021, the result of FY year was declared
On 25.7.2022, the Respondent No.2 cancelled the admission.
HELD that the cancellation of admission was illegal for the reasons namely; (i) the petitioner was allotted seat on 29.1.2021 and therefore, the instruction to produce caste validity certificate on or before 31.12.2020 was not applicable, (ii) even otherwise, the petitioner had applied for validity certificate on 11.12.2020 and produced its receipt on 29.1.2021 to the College, (iii) the caste validity certificate of 25.3.2021 relates back to the date of 11.12.2020 when the petitioner had made application for verification and would replace the said receipt of 11.12.2020, (iv) the petitioner had caste certificate of 2013 and the delay in submission of verification certificate would not dis-entitle from such social status, (v) the conduct of the College in accepting fees even after the show cause notices would imply that the date for caste validity certificate were deemed to have been extended and (vi) the petitioner is at the fag end of completing her course.
Judgment dated 22.2.2024 – Miss. Anisa Arashad Diwani Vs. State of Maharashtra and others – Writ Petition No.9579 of 2022
