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Bombay High Court

SANSKRUTI SACHIN THAKURversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The cancellation of the petitioner’s admission was unjustified as the delay in submitting the caste validity certificate was not attributable to her and a seat was available in the Scheduled Tribe category, therefore the order cancelling her admission was quashed.

Summary

The petitioner, admitted provisionally to a B.E. Computer Engineering program under the Scheduled Tribe category, had her admission cancelled by the CET for failing to produce a caste validity certificate by the stipulated date. The certificate was issued the next day due to the Scrutiny Committee’s delay, and the petitioner sought restoration of her admission. The court examined whether the delay could be attributed to the petitioner and considered the availability of a seat in the Scheduled Tribe category. Relying on the precedent of Anisa Arashad Diwan v. State of Maharashtra and noting that the seat remained vacant, the court held that the cancellation was unjustified. Consequently, the order cancelling the admission was quashed and the petitioner’s admission was restored upon submission of the certificate.

Issues considered

  • Whether the delay in submitting the caste validity certificate can be attributed to the petitioner.
  • Whether the cancellation of admission for non‑submission of the certificate is justified when a seat remains available.
  • Whether the precedent set in Anisa Arashad Diwan v. State of Maharashtra is applicable to the present facts.

Subjects

  • Admission cancellation
  • Caste validity certificate
  • Scheduled Tribe reservation
  • Writ petition
  • Quashing order
  • Seat availability
  • Procedural delay

Judgment

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                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                        WRIT PETITION NO. 12157 OF 2026

                   Sanskruti Sachin Thakur                                      ...Petitioner
                            Vs.
                   State of Maharashtra through its
                   Secretary and Others                                          ...Respondents

                                                     -----------------

                   Mr. Chintamani K. Bhangoji a/w. Mr. Vishwajit S. Sharma, for the Petitioner.
                   Dr. Dhruti Kapadia a/w. Ms. Kavita Dhanuka, for the Respondent / CET
                   Cell.
                   Mr. Nitin Dhumal, for Respondent No.3.
                   Mr. P. P. Kakade, Addl.G.P. a/w. Mr. S. H. Kankal, AGP, for the Respondent /
                   State.
                                                     -----------------
      Digitally
      signed by
      MAMTA
MAMTA AMAR
AMAR KALE
KALE  Date:
      2026.09.21
      17:45:59
                                                    CORAM :           R. I. CHAGLA AND
      +0530


                                                                      FIRDOSH P. POONIWALLA, JJ.

                                                    DATED        : 17th SEPTEMBER, 2026

                   P.C.:-

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

                   the parties.

                   2.             By this Petition, the Petitioner is seeking quashing and setting

                   aside of the impugned Order of Respondent No.2 dated 7 th September 2026

                   cancelling the admission of the Petitioner in B.E.- Computer Engineering

                   Degree Course for the Academic Year 2026-2027 with further direction to


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Respondent Nos.2 and 3 to restore the admission of the Petitioner.

3.            The Petitioner was granted admission by Respondent No.3

College provisionally under Reserved Category of Scheduled Tribe and the

Petitioner had also paid necessary fees. This is pursuant to the Petitioner

appearing for Entrance Examination conducted by Respondent No.2 CET as

candidate of Scheduled Tribe and Respondent No.2 CET allotting the seat to

the Petitioner for Second Year of B.E. Computer Engineering Degree Course

for the Academic Year 2026-2027 under the category of Scheduled Tribe in

the College of Respondent No.3 on 14th August 2026.

4.            The Respondent No.4 Scrutiny Committee was seized of the

proceedings of the Caste Validity Claim of the Petitioner and the Petitioner

was granted a Tribe Certificate as belonging to Thakar Scheduled Tribe

Category on 2nd September 2026.

5.            The Respondent No.4 Scrutiny Committee had called the

Petitioner for hearing on 7 th September 2026 and after hearing the father of

the Petitioner, the matter was closed for Orders.

6.            The Petitioner received a text message from Respondent No.2

CET Cell at 10:44 a.m. on 7th September 2026 stating that the Petitioner

had failed to produce the Caste Validity Certificate and hence her admission

was converted to Open and the benefit of the Scheduled Tribe Category had

been cancelled and that she was now eligible for Institute Level Admission.

7.            On the very next date viz., 8 th September 2026, Respondent

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No.4 Scrutiny Committee granted Validity Certificate in favour of the

Petitioner as belonging to Thakar Scheduled Tribe. It was upon receipt of

the Validity Certificate that the Petitioner, along with father, approached the

Office of Respondent No.2 CET and apprised them of the Validity Certificate

granted by Respondent No.4 Scrutiny Committee and requested restoration

of the Petitioner’s admission in the Second Year of B.E. Computer

Engineering in the College of Respondent No.3. However, Respondent No.2

CET Cell informed the Petitioner that, in view of her not producing the

Validity Certificate on the stipulated date viz. 7 th September 2026, her

admission cannot be restored. Accordingly, the present Writ Petition has

been filed.

8.            Mr. Bhangoji, the learned Counsel appearing for the Petitioner,

submitted that the present case is covered by the Judgement of this Court in

Anisa Arashad Diwan Vs. The State of Maharashtra in Writ Petition No.9579

of 2022 dated 22nd February 2024, wherein a Division Bench of this Court

considered a similar case where there was delay in submitting the Validity

Certificate by the Petitioner. This Court had considered the delay in non

submitting the Caste Validity Certificate on or before the admission date in

the facts of that case could not be attributed to the Petitioner and,

accordingly, cancellation of admission by Respondent No.2 CET cannot be

justified. This Court was conscious of the fact that, after the cut-off date,

the seats cannot be filled up, but in the facts of the present case it was not a

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case of filling up the seat after the cut-off date. The issue was regarding

issuance of the caste validity certificate after the cut-off date.

9.            This Court had observed that the cancellation of the

Petitioner’s admission in her third 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 in the said

course.

10.           This Court had quashed and set aside the cancellation of the

admission of the Petitioner and the Respondents were directed to permit the

Petitioner to complete her course of B.Tech. Mechanical Engineering by

permitting her to appear for the exams, and, if, for any year, the marksheet

was not issued, then the same was directed to be issued forthwith.

11.           Mr. Bhangoji has accordingly sought a similar Order as was

passed in the aforesaid decision.

12.           Ms. Dhruti Kapadia, the learned Counsel for Respondent No.4

CET Cell, has not denied that the cancellation of the Petitioner’s admission

was on the ground of non submission of Caste Validity Certificate as per the

Schedule of the CAP Rounds which had been issued by Respondent No.4

CET Cell.     She submitted that, in the event, seats are available in the

Respondent No.3 College, upon the Petitioner submitting the Caste Validity

Certificate, it would be open to the Respondent No.3 College to grant the

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admission.

13.           Mr. Nitin Dhumal, the learned Counsel appearing for

Respondent No.3 College states, on instructions, that seats are in fact

available in B.E.- Computer Engineering Degree Course for the Academic

Year 2026-2027, in the Scheduled Tribe Category, and upon the Petitioner

submitting the Caste Validity Certificate, the admission of the Petitioner,

which had been cancelled, can be restored and a seat can be made available

to the Petitioner in that category. The statement is accepted.

14.           Having considered the submissions as well as the statement

made by the Respondent No.3 College that a seat is in fact available in the

Schedule Tribe Category, we are of the view that facts of the present case

are similar to the case which was before this Court viz. Anisa Arashad

Diwan (supra). Here also the fault does not lie with the Petitioner in non

submission of Caste Validity Certificate and delay in non submission of

Caste Validity Certificate could not be attributed to the Petitioner. On this

ground cancellation of the Petitioner’s admission cannot be justified.

15.           The Petitioner had obtained Caste Validity Certificate one day

after the stipulated date viz. 8 th September 2026 and that was due to

Respondent No.4 Scrutiny Committee failing 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 Department, 1994 SCC(6) 241.

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16.                In view thereof and considering that the Petitioner had secured

admission in Respondent No.3 College provisionally under Reserved

category of Scheduled Tribe and also paid necessary fees on 5 th August 2026

and that the Petitioner’s admission had been cancelled on 7 th September

2026 due to non submission of Caste Validity Certificate and which was

furnished on the very next day, viz., 8 th September 2026, we are inclined to

allow the present Petition by setting aside the cancellation of the Petitioner’s

admission and restoring her admission. This is particularly because there is

a seat available in the Scheduled Tribe Category, which fact has been

confirmed by Respondent No.3 College.

17.                Accordingly, the following Order is passed



                                           ORDER

              1.         The impugned Order of Respondent No.2 dated 7 th

              September 2026 cancelling the admission of the Petitioner

              in the B.E. Computer Engineering Degree Course, for the

              Academic Year 2026-27, is quashed and set aside.

              2.         Respondent    Nos.2 and     3 shall    restore   the

              admission of the Petitioner in B.E. Computer Engineering

              Degree Course for the Academic Year 2026-27 in

              Respondent No.3 College upon the Petitioner submitting

              the Caste Validity Certificate belonging to the Scheduled

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             Tribe Category.

             3.      The Petition is disposed of in the above terms.

             However, there shall be no order as to costs.

             4.      This Order is passed in the peculiar facts of the

             present case and it should not be treated as precedent.

             5.      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 her

             admission in Respondent No.3 – College.



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




Mamta Kale                                                                   7/7


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