PRIYANKA NIWAS HARPALKARversusSTATE OF MAHARASHTRA THR ITS DEPT OF MEDICAL EDUCATION AND ORS

                                                                             903 wp13289-26.doc



 TRUSHA                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 TUSHAR
 MOHITE                                     CIVIL APPELLATE JURISDICTION
Digitally signed by
TRUSHA TUSHAR
MOHITE
Date: 2026.10.07                            WRIT PETITION NO.13289 OF 2026
18:23:47 +0530




                      Priyanka Niwas Harpalkar                          .. Petitioner

                               Versus

                      State of Maharashtra and Ors.                     .. Respondents

                           Ms.Pooja Thorat a/w Mr.Dhyay Bhavsar a/w Ms.Ayesha Qureshi,
                           Advocate for the Petitioner.

                           Mr.Siddhant H. Deshpande, Advocate for the Respondent No.4.

                           Mr.O.A.Chandurkar, Addl.G.P. a/w Mr.Sachin H. Kankal, A.G.P. for
                           the State.

                           Mr.Rui A. Rodrigues, Advocate for the Respondent No.3/State CET
                           Cell.

                                    CORAM:      R. I. CHAGLA &
                                                FIRDOSH P. POONIWALLA, JJ.
                                    DATE:      OCTOBER 7, 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 email dated 30 th September 2026 issued by

                      Mohite                                                                      1/9
                                                     903 wp13289-26.doc



Respondent No.3 State CET Cell and impugned letter dated 30 th September

2026 issued by Respondent No.4 College unilaterally cancelling the

Petitioner’s admission to the Postgraduate Dental Course in Prosthodontics

in the Respondent No.4 College. The Petitioner claims to belong to Maratha

Community from non-creamy layer which is recognized as a Socially and

Educationally Backward Class (SEBC).



3.          The Petitioner had appeared for the NEET-PG examination in

the year 2026 and secured 571/960 marks, with a State Merit Rank of 221.

The Petitioner filled in her form for admission to the PG Dental Course under

both, All India Quota as well as State Quota. The Petitioner, at the time of

filing her application form with the State CET Cell, had filled in her form

under the SEBC reservation category. In the First Round of admission under

the State Quota, the Petitioner was allotted a seat in Prosthodontics at

Respondent No.4 College on 7th September 2026.



4.          The Petitioner had, upon being allotted the same on 9 th

September 2026, approached the Respondent No.4 College for document

verification and confirmation of the admission. The Petitioner, through

document verification, had submitted her Caste Certificate dated 12 th June

2019 as well as Caste Validity Certificate dated 24 th June 2019 and the Non-

Creamy Layer Certificate dated 30th June 2026 (valid up to 31 st March 2029)

Mohite                                                                    2/9
                                                      903 wp13289-26.doc



to the Respondent No.4 College in respect of SEBC/Maratha community

which was duly accepted by the Respondent No.4 College.



5.           The Petitioner had also uploaded the details and documents in

support of SEBC reservation category on the web portal of the Respondent

No.4     State CET Cell as well as Respondent No.4 College.                Further,

Respondent No.4 College issued Admission Acknowledgment dated 9 th

September 2026 to the Petitioner.



6.           On 29th September 2026, the Petitioner received a telephonic call

from Respondent No.4 College informing that she was required to visit the

College on the following day, viz. 30 th September 2026, for cancellation on

the ground that her Caste Certificate and Caste Validity Certificate were

allegedly not valid.      The Petitioner, through her father, immediately

addressed an email dated 29th September 2026 to the Respondent No.4

College, informing them that she had been allotted a seat under the SEBC

category and had obtained and submitted all the necessary documents in

support of her eligibility.



7.           By an email dated 30th September 2026, Respondent No.3 State

CET Cell informed the Petitioner that her Caste Certificate and Caste Validity

Certificate were allegedly invalid on the ground that the same had been

Mohite                                                                         3/9
                                                      903 wp13289-26.doc



issued under the Socially and Educationally Backward Classes (SEBC) Act,

2018 (“the SEBC Act, 2018”) and not under the Socially and Educationally

Backward Classes (SEBC) Act, 2024 (“the SEBC Act, 2024”).



8.          Respondent No.4 College issued an email dated 30 th September

2026 enclosing therewith a letter dated 30 th September 2026, whereby the

Petitioner’s admission was cancelled on the ground that her Caste Certificate

and Caste Validity Certificate had not been issued under the SEBC, Act, 2024.

Accordingly, the present Petition has been filed.



9.          It is pertinent to note that the Petitioner has now been issued a

Caste Certificate on 1st October 2026 certifying that she falls under SEBC

class reservation category. The Petitioner has also applied for Caste Validity

Certificate under the SEBC Act, 2024 on 5th October 2026.



10.         The impugned communication has proceeded on the terms that

the Petitioner had submitted the Caste Certificate and Caste Validity

Certificate under the SEBC Reservation Act 2018 which is invalid and for

which they have placed reliance upon the Judgement of the Supreme Court

dated 5th May 2021 which struck down the SEBC Act 2019.




Mohite                                                                     4/9
                                                       903 wp13289-26.doc



11.         Ms.Thorat, the learned counsel for the Petitioner, has placed

reliance upon the documents which have been submitted by the Petitioner as

well as the acceptance by the State CET Cell of the Petitioner’s Application

form wherein the category of the Petitioner is mentioned as SEBC. She has

submitted that once the Caste Certificate and Caste Validity Certificate have

been issued under the SEBC Act 2018, the Petitioner belonging to Maratha

community from non-creamy layer, her reservation category does not change

merely because of the fact that the SEBC Act, 2018 has been struck down by

the Supreme Court and, thereafter, SEBC Act, 2024 has been enacted. She

submitted that the Petitioner has, at all times, been diligent in applying for

admission and has been allotted Respondent No.4 College under the CAP

round I under the SEBC quota.



12.         Ms.Thorat further submitted that the Petitioner has also now

obtained Caste Certificate on 1 st October 2026 under the SEBC Act, 2024 and

has applied for Caste Certificate Verification on 5 th October 2026 before the

District Caste Certificate Scrutiny Committee, District Satara.



13.         Ms.Thorat has also referred to the Circular dated 4 th September

2026 issued by Respondent No.1 State which provides that, in respect of the

reservations, including SEBC reservation category, the time for submission of

the Caste Validity Certificate has been extended by a period of six months and

Mohite                                                                      5/9
                                                       903 wp13289-26.doc



that there will be no cancellation of admission for non submission of Caste

Validity Certificate. She has submitted that as per the said Circular, the

impugned Communication of Respondent No.2 State CET Cell and

Respondent No.4 College are erroneous and accordingly, required to be set

aside.



14.           Mr.Rui Rodrigues, the learned counsel for Respondent No.3

State CET Cell, has supported the impugned communication issued by

Respondent No.2 State CET Cell and has submitted that, in view of the SEBC

Act, 2018 having been struck down by the Supreme Court, the Petitioner’s

Caste Certificate and Caste Validity Certificate issued under that Act stands

invalid.     Accordingly, the Petitioner was required to apply for Caste

Certificate as well as Caste Validity Certificate under the SEBC Act, 2024.



15.           In view of the Petitioner not possessing Caste Certificate and

Caste Validity Certificate under that Act, her admission has rightly been

cancelled.



16.            Mr.Deshpande, the learned counsel for Respondent No.4, also

makes submissions in line with the submissions made by Mr.Rodrigues, the

learned counsel appearing on behalf of Respondent No.2 State CET Cell.



Mohite                                                                        6/9
                                                       903 wp13289-26.doc



17.         Having considered the submissions, it is now clear from the 4 th

September 2026 Circular issued by Respondent No.1 State that in respect of

reservations, which include SEBC reservation, the time for submission of

Caste Validity Certificate has been extended by a period of six months. No

admission under that reservation category, as provided under the said

Circular, can be cancelled for non submission of Caste Validity Certificate.



18.         In any event, the Petitioner has been granted Caste Certificate on

1st October 2026 under the SEBC Act, 2024 as falling under the SEBC quota.



19.         The Petitioner has also applied for Caste Validity Certificate on

5th October 2026 before the District Caste Certificate Scrutiny Committee,

District Satara. Accordingly, the Writ Petition is required to be allowed as the

cancellation of the Petitioner’s admission in Respondent No.4 College by the

impugned communication is erroneous and in violation of the Circular dated

4th September 2026 issued by Respondent No.1 State.



20.         Hence, the following Order is passed:




Mohite                                                                         7/9
                                                         903 wp13289-26.doc



         a.       The impugned email and letter communications’ dated

         30th September 2026 issued by Respondent No.3 State CET Cell

         and Respondent No.4 College respectively are quashed and set

         aside.



         b.        Respondent No.3 State CET Cell and Respondent No.4

         College are directed to confirm the admission of the Petitioner to

         the Postgraduate Dental Course in Prosthodontics in the

         Respondent No.4 College.



         c.       Respondent No.1 State shall inform the District Caste

         Certificate Scrutiny Committee, District Satara of this Order and

         they shall comply with the Circular dated 4 th September 2026

         issued by Respondent No.1 State in that the Application of the

         Petitioner for Caste Certificate verification made on 5 th October

         2026 be disposed of within a period of six months in terms of the

         said Circular.



         d.       The Writ Petition is accordingly disposed of in the

         aforesaid terms.



         e.       There shall be no order as to costs.

Mohite                                                                        8/9
                                                    903 wp13289-26.doc




          f.    Parties to act on an authenticated copy of this Order.




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




Mohite                                                                   9/9