DIPESH RUPESH SURVE MINOR THR HER MOTHER AND NATURAL GUARDIANversusSTATE OF MAHARASHTRA THR ITS SECRETARY AND ORS

                                                                          3-WP 12156.2026.doc

                   Kavita S.J.


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO.12156 OF 2026

                   Dipesh Rupesh Surve, minor
                   through her Mother and natural Guardian
                   Manisha R. Surve                        …Petitioner
                                 Versus
                   State of Maharashtra & Ors.,                     …Respondents
                                                       ----------
                   Mr. Chintamani K. Bhangoji a/w Mr. Vishwajit S. Sharma for the
                   Petitioner.
                   Mr. P.P. Kakade, Addl. GP a/w Ms.Priyanka Chavan, AGP for
                   Respondent No.1 – State.
                   Dr. Dhruti Kapadia a/w Ms. Kavita Dhanuka for Respondent No.2 –
                   State CET Cell.
                   Mr. Susheel Mahadeshwar for Respondent No.3.
                                                ----------

                                                CORAM : R.I. CHAGLA AND
                                                        FIRDOSH P. POONIWALLA, JJ.
                                                DATE        : 22nd SEPTEMBER, 2026.

                   ORDER:


                   1.                Rule. Rule made returnable forthwith. Heard by consent

                   of the parties.


KAVITA             2.                This Petition seeks quashing and setting aside of the
SUSHIL
JADHAV
Digitally signed
by KAVITA
SUSHIL JADHAV      impugned action of Respondent No. 2 - State CET Cell on 7th
Date: 2026.09.23
18:50:48 +0530




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September, 2026 by which the allotment/admission of the Petitioner

in B.E. Computer Engineering degree course for the Academic Year

2026–2027 had been cancelled.           The Petitioner has accordingly

sought for restoration of admission of the Petitioner in the said

course.


3.          This Petition is almost identical to Writ Petition No.

12157 of 2026 in which Order dated 17th September, 2026 had been

passed by this Court allowing the Writ Petition.


4.          In the present case, as in that case, the Petitioner, though

having been granted admission to Respondent No.3 - College

provisionally under the reserved category of Scheduled Tribe and

having paid the necessary fees, was unable to upload the Caste

Validity Certificate in view of the said certificate having not been

granted by the stipulated date of 7th September, 2026 as per the

brochure issued by Respondent No. 2 - State CET Cell.


5.          The Petitioner was granted the Caste Validity Certificate

by Respondent No.4 - Scrutiny Committee on the very next day viz.

8th September, 2026. The Petitioner had approached the office of

Respondent No.2 – State CET Cell and apprised them of the Validity

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Certificate granted by Respondent No.4 - Scrutiny Committee and

sought restoration of the Petitioner's admission in the first year of

B.E. Computer Engineering in the College of Respondent No. 3.

However, Respondent No. 2 - State CET Cell declined the request of

the Petitioner on the ground that admission cannot be restored as the

stipulated date viz. 7th September, 2026 had expired. Accordingly,

the present Writ Petition has been filed.


6.          This Court in Writ Petition No. 12157 of 2026 vide order

dated 17th September, 2026 had considered that the case is covered

by the Judgment of this Court in Anisa Arashad Diwan Vs. State of

Maharashtra in Writ Petition No. 9579 of 2022 dated 22nd February,

2024, wherein on similar facts, it was held that the delay in

submitting the Validity Certificate by the Petitioner could not be

attributed to the Petitioner and accordingly, cancellation of admission

by the State CET Cell cannot be justified. This Court had observed

that cancellation of Petitioner's admission in her 3 rd Year of studies

would only result in the said seat going vacant, thus depriving a

candidate from the Other Backward Class (OBC) category for whom

it was reserved from pursuing the course. No other candidate from

the OBC category can now be admitted for this course.


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7.            Having so held that the case is covered by the decision of

this Court in Anisa Arashad Diwan (supra), which would also cover

the present Petition, a similar order is required to be passed in the

present case as had been passed in the aforesaid decision.


8.            On the previous date, viz. 17th September 2026, this

Court had noted the submission of Dr. Dhruti Kapadia, learned

Counsel appearing for Respondent No. 2 - State CET Cell that the

seat in the Scheduled Tribe category to which the Petitioner belongs,

is not available and that there is one seat available under OBC

category.


9.            Today, Mr. Susheel Mahadeshwar, learned Counsel

appearing for Respondent No. 3 - College states that the Order dated

11th September, 2026 by which this Court had directed Respondent

Nos. 2 and 3 not to fill up the seat which became vacant on account

of cancellation of the admission of the Petitioner in B.E. Computer

Engineering    Course for     the    Academic     Year 2026-2027      was

immediately     communicated        to    the   State   CET    Cell   vide

communication dated 13th September, 2026. A copy of which is

tendered and taken on record and marked 'X' for identification. In the



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said communication, Respondent No. 3 - College has suggested

cancellation of admission of one Amrit Singh who had been admitted

on the vacant ST seat viz. the ST Seat which had been vacated by the

Petitioner upon his admission being cancelled. The said Amrit Singh

had been admitted on 11th September, 2026 though belonging to the

open category. Further, there is one available open Seat that could be

given to the said Amrit Singh, and thereby the ST seat will be kept

vacant for the purpose of admission of the Petitioner.


10.         Having considered the said communication addressed by

Respondent No.3 – College to the Respondent No.2 – State CET Cell,

we find the suggestion to be acceptable. This is in light of the merit

found in the present Petition by this Court and particularly

considering that the Petitioner was not at fault, and that it was

Respondent No. 4 - Scrutiny Committee who had failed to decide the

Caste Validity Claim of the Petitioner within the prescribed period of

six months as laid down by the Supreme Court in Kumari Madhuri

Patil vs. Additional Commissioner, Tribal Development, 1994 SCC (6)

241.




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11.   Accordingly, we pass the following order:


      (i)      The impugned action of Respondent No.2 – State

      CET Cell taken on 7th September, 2026 in cancelling the

      Petitioner’s admission for B.E. Computer Engineering

      Degree Course for the Academic Year 2026-2027 is set

      aside.


      (ii)     The Respondent Nos. 2 and 3 are directed to

      restore the admission of the Petitioner in B.E. Computer

      Engineering degree course for the Academic Year 2026–

      2027 in Respondent No.3 – College and the ST Seat shall

      be made available to the Petitioner in Respondent No.3 –

      College, subject to Petitioner submitting the Caste

      Validity Certificate belonging to the Scheduled Tribe

      category.


      (iii)    Consequential to (ii) above, Respondent No.2 –

      State CET Cell is directed to cancel the admission of

      Amrit Singh (EN 26309254) on the ST seat which had

      become vacant in view of the Petitioner’s admission

      being cancelled. Respondent No. 2 - State CET Cell shall



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    allot the vacant open seat to the said Amrit Singh in

    place of the ST seat which he had been allotted and

    which allotment has been cancelled by virtue of this

    order.


    (iv)     This order is passed in the peculiar facts of the

    present case and shall not be treated as a precedent.


    (v)      Needless to state that in the event the fees have

    been refunded to the Petitioner, the same shall be paid

    again by the Petitioner towards restoration of his

    admission in Respondent No. 3 - College.


    (vi)     The Petition is disposed of in the above terms.

    There shall be no orders as to costs.




[ FIRDOSH P. POONIWALLA, J. ]               [ R.I. CHAGLA, J.]




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