Disposed

Girish Balwantrao Pakalwad U/G Father Balwantrao Shankarrao Pakalwad v. the State of Maharashtra and Others

Bombay HC13 Jul 2016WP/6016/2016

Case brief

AI extract

What is this about?

This judgment addressed multiple writ petitions by students barred from filling preference forms for medical courses due to pending caste certificate verification. The court directed authorities to accept preference forms without original certificates, deeming submission deadlines directory rather than mandatory to prevent disadvantage due to bureaucratic delays.

What did the court decide?

Direction to admission authorities to accept preference forms without original caste certificates. Submission of validation certificate deadline to be treated as directory. No adverse action for failu

Girish Balwantrao Pakalwad U/G Father… — Constitutional and Fundamental Rights | Bombay HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

WRIT PETITION NO. 6096 OF 2016

¶4

Krantikumar S/o Venkatrao Darmod … Petitioner
Age 18 years, Occu; Education.
R/o Atkur, Tq.Dharmabad,
Dist. Nanded.

¶5

VERSUS

¶6

1.The State of Maharashtra
Through Secretary,
Medical Education and Drugs
Department,
Mantralaya, Mumbai.

¶7

2. The Commissioner & Competent
Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.

¶8

3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶9

WITH

¶10

WRIT PETITION NO. 6016 OF 2016

¶11

Girish S/o Balwantrao Pakalwad … Petitioner
Age 17 years, Occu; Education
U/Guardian of his father
Balwantrao S/o Shankarrao
Pakalwad, Age: 41 Years, Occu.:
Service,R/o. At Post Tupa, Tq.&
Dist. Nanded.

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VERSUS

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1.The State of Maharashtra
Through its Deputy Secretary,
Medical Education and Drugs
Department,Gokuldas Tejpal

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1/29

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Hospital, Lokmanya Tilik Marg,
Mumbai-400001.

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2. The Commissioner & Competent Authority, State Common Entrance Examination Cell, 305,Government Polytechnic Building, 49, Kherwadi, Ali Yavar Jung Marg, Bandra (E), Mumbai- 400051.

¶18

3. The Director/Competent Authority, The Medical Education and Research (DMER), St. George's Hospital Compound, Opp. Government Dental College Building, Near C.S.T., Mumbai- 400001

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4. The Dean, Government Medical College, Aurangabad - 431 001

¶20

5. The Scheduled Tribe Caste … Respondents Certificate Scrutiny Committee, Aurangabad Division CIDCO,Aurangabad.

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Through its Deputy. Director(R).

¶22

WITH

¶23

WRIT PETITION NO. 6097 OF 2016

¶24

Gagankumar S/o Sayanna Mokmod
Age 18 years, Occu; Education.
R/o Yetala, Tq. Dharmabad,
Dist. Nanded.

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… Petitioner

¶26

VERSUS

¶27

1. The State of Maharashtra Through its Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai.

¶28

2. The Commissioner & Competent Authority, State Common Entrance Test Cell, Government of Maharashtra, 305, Government

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2/29

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Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.
3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.
WITH
WRIT PETITION NO. 6098 OF 2016
Pankaj S/o Bharat Bhimbarwad… Petitioner
Age 20 years, Occu; Education,
R/o Siranjani, Tq. Himayatnagar,
Dist. Nanded.

¶32

VERSUS

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1.The State of Maharashtra
Through its Secretary,
Medical Education and Drugs
Department,
Mantralaya, Mumbai.
2. The Commissioner & Competent
Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.
3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶34

WITH
WRIT PETITION NO. 6099 OF 2016
Pranita D/o Kondiba Jukte… Petitioner
Age 18 years, Occu; Education,
R/o Lohagaon, Tq. Parbhani
Dist. Parbhani.

¶35

VERSUS

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3/29

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wp6096.16.odt 1. The State of Maharashtra Through its Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai. 2. The Commissioner & Competent Authority, State Common Entrance Test Cell, Government of Maharashtra, 305, Government Polytechnic Building, Kherwadi, Ali Yavar Jung Marg, Bandra, Mumbai. 3. The Scheduled Tribe Caste … Respondents Certificate Verification Committee Aurangabad, Through its Dy. Director (R), Aurangabad. WITH WRIT PETITION NO. 6100 OF 2016 Ankita D/o Anilkumar Muddamwar … Petitioner Age 19 years, Occu; Education, R/o Tamloor, Tq. Degloor, Dist. Nanded. VERSUS 1. The State of Maharashtra Through its Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai. 2. The Commissioner & Competent Authority, State Common Entrance Test Cell, Government of Maharashtra, 305, Government Polytechnic Building, Kherwadi, Ali Yavar Jung Marg, Bandra, Mumbai. 3. The Scheduled Tribe Caste … Respondents Certificate Verification Committee Aurangabad, Through its Dy. Director (R),

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4/29

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Aurangabad.

¶41

WITH

¶42

WRIT PETITION NO. 6101 OF 2016

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Niraj S/o Nagesh Lakhmawar… Petitioner
Age: Minor, Occu; Education, R/o
Ratnali, Tq. Dharmabad,Dist.
Nanded
Through Father and natural
Guardian - Nagesh S/o Dattaram
Lakhmawar, Age: 45 Years Occ.
Doctor, R/o Ratnali, Tq.
Dharmabad, Dist. Nanded

¶44

VERSUS

¶45

1.The State of Maharashtra
Through its Secretary,
Medical Education and Drugs
Department,
Mantralaya, Mumbai.
2. The Commissioner & Competent
Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.
3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶46

WITH

¶47

WRIT PETITION NO. 6102 OF 2016

¶48

Pradeep S/o Namdev Govindwar… Petitioner
Age: Minor, Occu; Education, R/o
Kalaskar Galli, Degloor Tq.
Degloor, Dist. Nanded
Through Father and natural
Guardian – Namdev S/o Shankarrao
Govindwar Age: 49 Years Occ.

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5/29

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Service, R/o As above

¶52

VERSUS

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1. The State of Maharashtra Through its Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai.

¶54

2. The Commissioner & Competent Authority, State Common Entrance Test Cell, Government of Maharashtra, 305, Government Polytechnic Building, Kherwadi, Ali Yavar Jung Marg, Bandra, Mumbai.

¶55

3. The Scheduled Tribe Caste … Respondents Certificate Verification Committee Aurangabad, Through its Dy. Director (R), Aurangabad.

¶56

WITH

¶57

WRIT PETITION NO. 6103 OF 2016

¶58

Shivani D/o Tatyarao Kanle… Petitioner
Age: 18 Years, Occu; Education,
R/o Shirshi (kh), Tq. Parbhani
Dist. Parbhani

¶59

VERSUS

¶60

1.The State of Maharashtra
Through its Secretary,
Medical Education and Drugs
Department,
Mantralaya, Mumbai.

¶61

2. The Commissioner & Competent
Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.

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6/29

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¶64

3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶65

WITH

¶66

WRIT PETITION NO. 6104 OF 2016

¶67

Swapna D/o Narsinhrao Ambatwad… Petitioner
Age: minor, Occu; Education, R/o
Vilegaon (Dh), Tq. Dharmabad,
Dist. Nanded
Through Father and natural
Guardian – Narsinhrao S/o
Bhujangrao Ambatwad Age: 46
Years, Occ. Service,R/o As above

¶68

VERSUS

¶69

1.The State of Maharashtra
Through its Secretary,
Medical Education and Drugs
Department,
Mantralaya, Mumbai.
2. The Commissioner & Competent
Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.
3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶70

WITH

¶71

WRIT PETITION NO. 6105 OF 2016

¶72

Shubham S/o Ganeshrao … Petitioner
Suryawanshi Age: minor, Occu;
Education, R/o Adarsh Colony,
Purna, Dist. Parbhani

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7/29

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Through Father and natural
Guardian – Ganesh S/o Bhikaji
Suryawanshi Age: 48 Years, Occ.
Business, R/o As above

¶76

VERSUS

¶77

1. The State of Maharashtra Through its Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai.

¶78

2. The Commissioner & Competent
Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.

¶79

3. The Scheduled Tribe Caste … Respondents Certificate Verification Committee Aurangabad, Through its Dy. Director (R), Aurangabad.

¶80

WITH

¶81

WRIT PETITION NO. 6106 OF 2016

¶82

Mayuri D/o Chandrakant Kaletwad… Petitioner
Age: 18 Years Occ. Education,
R/o Ambulga (Bk), Tq. Mukhed,
Dist. Nanded

¶83

VERSUS

¶84

1. The State of Maharashtra Through its Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai.

¶85

2. The Commissioner & Competent Authority, State Common Entrance Test Cell, Government of Maharashtra, 305, Government Polytechnic Building, Kherwadi,

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8/29

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¶88

Ali Yavar Jung Marg, Bandra,
Mumbai.

¶89

3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶90

WITH

¶91

WRIT PETITION NO. 6107 OF 2016

¶92

Vaibhavi D/o Devidas Bandewar… Petitioner
Age: minor Occ. Education,
R/o Wadi Bk, Farande Nagar, Tq.
and Dist. Nanded
Through Father and natural
Guardian – Devidas S/o Bhumanna
Bandewar Age: 49 Years, Occ.
Service, R/o As above.

¶93

VERSUS

¶94

1. The State of Maharashtra Through its Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai.

¶95

2. The Commissioner & Competent Authority, State Common Entrance Test Cell, Government of Maharashtra, 305, Government Polytechnic Building, Kherwadi, Ali Yavar Jung Marg, Bandra, Mumbai.

¶96

3. The Scheduled Tribe Caste … Respondents Certificate Verification Committee Aurangabad, Through its Dy. Director (R), Aurangabad.

¶97

WITH

¶98

WRIT PETITION NO. 6108 OF 2016

¶99

Akshaykumar S/o Ravikumar … Petitioner

¶100

9/29

¶101

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¶102

Chatlawar Age: minor Occ.
Education, R/o Palaj, Tq.
Bhokar, Dist. Nanded
Through Father and natural
Guardian – Ravikumar S/o
Gopalkrishna Chatlawar Age: 54
Years, Occ. Doctor, R/o As above

¶103

VERSUS

¶104

1.The State of Maharashtra
Through its Secretary,
Medical Education and Drugs
Department,
Mantralaya, Mumbai.

¶105

2. The Commissioner & Competent
Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.
3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶106

WITH

¶107

WRIT PETITION NO. 6109 OF 2016

¶108

Sonali Laxman Suryawanshi … Petitioner
Age: minor Occ. Education, R/o
Adarsh Colony, Purna Tq. Purna,
Dist. Parbhani
Through Father and natural
Guardian – Laxman S/o Bhikaji
Suryawanshi Age: 41 Years, Occ.
Service, R/o As above

¶109

VERSUS

¶110

1.The State of Maharashtra
Through its Secretary,
Medical Education and Drugs
Department,

¶111

10/29

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¶113

Mantralaya, Mumbai.

¶114

2. The Commissioner & Competent
Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.
3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶115

WITH
WRIT PETITION NO. 6110 OF 2016
Mrudula D/o Shankarrao Surbulwad … Petitioner
Age: minor Occ. Education, R/o
Chauk Galli, Umri ( Raliwy
Station),Tq. Umri, Dist. Nanded
Through Father and natural
Guardian – Shankar S/o Limbaji
Surbulwad Age: 44 Years, Occ.
Service, R/o Chauk Galli, Umri
( Raliwy Station),Tq. Umri,
Dist. Nanded

¶116

VERSUS

¶117

1.The State of Maharashtra
Through its Secretary,
Medical Education and Drugs
Department,
Mantralaya, Mumbai.

¶118

2. The Commissioner & Competent
Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.
3. The Scheduled Tribe Caste …Respondents
Certificate Verification

¶119

11/29

¶120

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Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶122

WITH

¶123

WRIT PETITION NO. 6111 OF 2016

¶124

Saroja D/o Ramrao Palepwad… Petitioner
Age: minor Occ. Education, R/o
Lamkani, Tq. Bhokar, Dist.
Nanded, Through Father and
natural Guardian – Ramrao S/o
Nagan Palepwad, Age: 46 Years,
Occ. Service, R/o Lamkani, Tq.
Bhokar, Dist. Nanded

¶125

VERSUS

¶126

1.The State of Maharashtra
Through its Secretary,
Medical Education and Drugs
Department,
Mantralaya, Mumbai.

¶127

2. The Commissioner & Competent
Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.
3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶128

WITH

¶129

WRIT PETITION NO. 6112 OF 2016

¶130

Bhavana D/o Venkatrao Darmod… Petitioner
Age: 19 Years,Occ. Education,
R/o Atkur, Tq. Dharmabad,
Dist. Nanded.

VERSUS

12/29

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`1.`	`The State of Maharashtra`
	`Through its Secretary,` `Medical Education and Drugs` `Department,` `Mantralaya, Mumbai.`
`2.`	`The Commissioner & Competent` `Authority, State Common Entrance` `Test Cell, Government of` `Maharashtra, 305, Government` `Polytechnic Building, Kherwadi,` `Ali Yavar Jung Marg, Bandra,` `Mumbai.`
`3.`	`The Scheduled Tribe Caste` `Certificate Verification` `Committee Aurangabad,` `Through its Dy. Director (R),` `Aurangabad.`	`…`	`Respondents`
	`WITH` `WRIT PETITION NO. 6113`	`OF`	`2016`
	`Shraddha D/o Vyankatrao` `Muppalwad, Age: 19 Years,Occ.` `Education, R/o Dongaon (Bk), Tq.` `Biloli, Dist. Nanded.` `VERSUS`	`…`	`Petitioner`
`1.`	`The State of Maharashtra` `Through its Secretary,` `Medical Education and Drugs` `Department,` `Mantralaya, Mumbai.`
`2.`	`The Commissioner & Competent` `Authority, State Common Entrance` `Test Cell, Government of` `Maharashtra, 305, Government` `Polytechnic Building, Kherwadi,` `Ali Yavar Jung Marg, Bandra,` `Mumbai.`
`3.`	`The Scheduled Tribe Caste` `Certificate Verification`	`…`	`Respondents`

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13/29

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¶137

Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶138

WITH

¶139

WRIT PETITION NO. 6114 OF 2016

¶140

Jagdish S/o Sunil Fulewad,… Petitioner
Age: minor,Occ. Education, R/o
Chandola, Tq. Mukhed, Dist.
Nanded, Through Father and
natural Guardian – Sunil S/o
Anandrao Phulewad, Age: 46
Years, Occ. Service, R/o
Chandola, Tq. Mukhed,
Dist. Nanded.

¶141

VERSUS

¶142

1.The State of Maharashtra
Through its Secretary,
Medical Education and Drugs
Department,
Mantralaya, Mumbai.
2. The Commissioner & Competent
Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.
3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶143

WITH

¶144

WRIT PETITION NO. 6115 OF 2016

¶145

Pranali D/o Tatyarao Kanle… Petitioner
Age: minor,Occ. Education,
R/o Shirshi (kh), Tq. Parbhani,
Dist. Parbhani, Through Father
and natural Guardian – Tatyarao

¶146

14/29

¶147

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¶148

S/o Tukaram Kanle, Age:47 Years,
Occ. Service, R/o As above

¶149

VERSUS

¶150

1.The State of Maharashtra
Through its Secretary,
Medical Education and Drugs
Department,
Mantralaya, Mumbai.
2. The Commissioner & Competent
Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.
3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶151

WITH
WRIT PETITION NO. 6116 OF 2016
Adesh S/o Ashok Chintalwar… Petitioner
Age: minor,Occ. Education,
R/o Takli (J), Tq. Degloor,
Dist. Nanded, Through Father and
natural Guardian – Ashok S/o
Bashetti Chintalwar, Age:44
Years, Occ. Service, R/o Takli
(J), Tq. Degloor, Dist. Nanded

¶152

VERSUS

¶153

1. The State of Maharashtra Through its Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai.

¶154

2. The Commissioner & Competent

¶155

15/29

¶156

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¶157

Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.
3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶158

WITH

¶159

WRIT PETITION NO. 6121 OF 2016

¶160

Rameshwar S/o Laxman Kaudewar… Petitioner
Age: 19 Years,Occ. Education,
R/o Irrigation Quarter,
Jangamwadi, Nanded, Tq. & Dist.
Nanded

¶161

VERSUS

¶162

1.The State of Maharashtra
Through its Secretary,
Medical Education and Drugs
Department,
Mantralaya, Mumbai.

¶163

2. The Commissioner & Competent
Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.
3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶164

WITH

¶165

WRIT PETITION NO. 6132 OF 2016

¶166

16/29

¶167

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¶168

Aditya Balajirao Royalawar… Petitioner
Age: 17 Years,Occ. Student,
Through Natural Guardian
Balaji Gangaram Royalawar
R/o At. Post. Degloor, Tq.
Degloor, Dist. Nanded.

¶169

VERSUS

¶170

1. The State of Maharashtra Through its Secretary, Health and Science Department, Mantralaya, Mumbai.

¶171

2. The Scheduled Tribe, Case Certificate Scrutiny Committee, Through its Member Secretary, Aurangabad, Division Aurangabad

¶172

3. The Director of Medical Education, And Research CET cell, St. George’s Hospital Compound, Opp. Government Dental Building, Near C.S.T., Mumbai 400001.

¶173

4. Admission Regulating Authority Of State, CET Cell, 305, Government Polytechnic Building,49, Kherwadi, Aliyawar Jung Marg, Bandra (E) Mumbai – 400051.

¶174

5. Commissioner and Competent Authority, State Common Entrance Examination Cell, Maharashtra State, Mumbai.

¶175

WITH

¶176

WRIT PETITION NO. 6133 OF 2016

¶177

Sneha Ramesh Pitthalwad
Age 18 years, Occu: Student,
r/o Kolwadi, Tq. Palam,
District Parbhani.

¶178

… Petitioner

¶179

VERSUS

¶180

1. The State of Maharashtra

¶181

17/29

¶182

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¶183

Through its Secretary,
Health and Science Department,
Mantralaya, Mumbai.

¶184

2. The Scheduled Tribe, Case Certificate Scrutiny Committee, Through its Member Secretary, Aurangabad, Division Aurangabad

¶185

3. The Director of Medical Education, And Research CET Cell, St. George’s Hospital Compound, Opp. Government Dental Building, Near C.S.T., Mumbai 400001.

¶186

4. Admission Regulating Authority Of State, CET Cell, 305, Government Polytechnic Building,49, Kherwadi, Aliyawar Jung Marg, Bandra (E) Mumbai – 400051.

¶187

5. Commissioner and Competent Authority, State Common Entrance Examination Cell, Maharashtra State, Mumbai.

¶188

WITH

¶189

WRIT PETITION NO. 6134 OF 2016

¶190

Pooja Narsing Yalmalwad
Age 18 years, Occu: Student,
R/o At Post New Nanded, Tq.
Nanded, District Nanded.

¶191

… Petitioner

¶192

VERSUS

¶193

1. The State of Maharashtra Through its Secretary, Health and Science Department, Mantralaya, Mumbai.

¶194

2. The Scheduled Tribe, Case Certificate Scrutiny Committee, Through its Member Secretary, Aurangabad, Division Aurangabad

¶195

18/29

¶196

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¶197

3. The Director of Medical Education, And Research CET cell, St. George’s Hospital Compound, Opp. Government Dental Building, Near C.S.T., Mumbai 400001.

¶198

4. Admission Regulating Authority Of State, CET Cell, 305, Government Polytechnic Building,49, Kherwadi, Aliyawar Jung Marg, Bandra (E) Mumbai – 400051.

¶199

5. Commissioner and Competent Authority, State Common Entrance Examination Cell, Maharashtra State, Mumbai.

¶200

WITH

¶201

WRIT PETITION NO. 6135 OF 2016

¶202

Sanjivani Ramkishan Etubone
Age 17 years, Occ. Student,
Through Natural Guardian
Ramkishan Govindrao Etubone
R/o At Post Hadgaon, Tq. and
Dist. Nanded.

¶203

… Petitioner

¶204

VERSUS

¶205

1. The State of Maharashtra Through its Secretary, Health and Science Department, Mantralaya, Mumbai.

¶206

2. The Scheduled Tribe, Case Certificate Scrutiny Committee, Through its Member Secretary, Aurangabad, Division Aurangabad

¶207

3. The Director of Medical Education, And Research CET cell, St. George’s Hospital Compound, Opp. Government Dental Building, Near C.S.T., Mumbai 400001.

¶208

4. Admission Regulating Authority

¶209

19/29

¶210

wp6096.16.odt Of State, CET Cell, 305, Government Polytechnic Building,49, Kherwadi, Aliyawar Jung Marg, Bandra (E) Mumbai – 400051.

¶211

5. Commissioner and Competent
Authority, State Common Entrance
Examination Cell, Maharashtra
State, Mumbai.

¶212

WITH

¶213

WRIT PETITION NO. 6163 OF 2016
Shashvat s/o Vijay Pujalwar… Petitioner
Age minor, Occu: Education, R/o
Shivba Nagar, Degloor, Tq.
Degular, District Nanded,
Through Mother/Natural
guardian,- Kalyani w/o Vijay
Pujalwar, Age 37 years, Occu:
Household, R/o as above.

¶214

VERSUS

¶215

1.The State of Maharashtra
Through Secretary,
Medical Education and Drugs
Department,
Mantralaya, Mumbai.

¶216

2. The Commissioner & Competent
Authority, State Common Entrance
Test Cell, Government of
Maharashtra, 305, Government
Polytechnic Building, Kherwadi,
Ali Yavar Jung Marg, Bandra,
Mumbai.
3. The Scheduled Tribe Caste …Respondents
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.

¶217

WITH
WRIT PETITION NO. 6164 OF 2016
Arati Shivaji Koli,… Petitioner
Age 19 years, Occu: Student,

¶218

20/29

¶219

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¶220

R/o Bodhe Nagar, Latur
Tq. and District Latur.

¶221

VERSUS

¶222

1. The State of Maharashtra Through its Secretary, Health and Science Department, Mantralaya, Mumbai.

¶223

2. The Scheduled Tribe, Case Certificate Scrutiny Committee, Through its Member Secretary, Aurangabad, Division Aurangabad

¶224

3. The Director of Medical Education, And Research CET cell, St. George’s Hospital Compound, Opp. Government Dental Building, Near C.S.T., Mumbai 400001.

¶225

4. Admission Regulating Authority Of State, CET Cell, 305, Government Polytechnic Building,49, Kherwadi, Aliyawar Jung Marg, Bandra (E) Mumbai – 400051.

¶226

5. Commissioner and Competent
Authority, State Common Entrance
Examination Cell, Maharashtra
State, Mumbai.

¶227

WITH

¶228

WRIT PETITION NO. 6165 OF 2016

¶229

Venkateshprasad s/o Sahebrao
Mamilwad

¶230

… Petitioner

¶231

Age 18 years, Occu: Education,
R/o CIDCO, Nanded, Tq. &
District Nanded.

¶232

VERSUS

¶233

1. The State of Maharashtra Through its Secretary, Medical Education and Drugs Department,

¶234

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¶235

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¶236

Mantralaya, Mumbai.

¶237

2. The Commissionerate (Medical Admission Authority) common Entrance Test Cell, Medical Education and Research, Mumbai.

¶238

3. The Director, Medical Education and Research, Mumbai.

¶239

4. The Dean, Government Medical College, Aurangabad.

¶240

5 The Scheduled Tribe, Case Certificate Scrutiny Committee,Aurangabad, Through its Deputy Director (R).

¶241

WITH

¶242

WRIT PETITION NO. 6166 OF 2016

¶243

Akash s/o Kedar Dudhambe… Petitioner
Age 18 years,Occu: Education
R/o Karajkheda, Tq. & Dist.
Osmanabad.
VERSUS

¶244

1. The State of Maharashtra Through its Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai.

¶245

2. The Commissionerate (Medical Admission Authority) common Entrance Test Cell, Medical Education and Research, Mumbai.

¶246

3. The Director, Medical Education and Research, Mumbai.

¶247

4. The Dean, Government Medical College, Aurangabad.

¶248

22/29

¶249

wp6096.16.odt

¶250

5 The Scheduled Tribe,

¶251

Case Certificate Scrutiny
Committee,Aurangabad, Through

¶252

its Deputy Director (R).

¶253

WITH

¶254

WRIT PETITION NO. 6308 OF 2016

¶255

Devidas s/o Maroti Renewad
Age 20 years, Occu: Student
R/o Patnur, tq. Ardhapur
District Nanded

¶256

… Petitioner

¶257

VERSUS

¶258

1. The State of Maharashtra Through its Principal Secretary, Health Department, Mantralaya, Mumbai.

¶259

2. The State Common Entrance Test

¶260

Cell, Mumbai,
Through its Commissioner,
Commissionerate, State Common
Entrance Test Cell, 305,
Government Polytechnic Building,
Kherwadi, Ali Yavar Jung Marg,
Bandra, Mumbai.

¶261

3. The Scheduled Tribe Caste Scrutiny /Verification Committee, Aurangabad.

¶262

Advocate for Petitioners:Mr Sunil M.Vibhute ,

¶263

Advocate for petitioners in WP 6016/16 : Mr.A.P.
Piratwad
Advocate for petitioners in WP 6133/16,6134/2016,
6164/2016: Ms. Vaishali R. Deshpande
Advocate for petitioners in WP No.6165/2016,6116/2016:
Mr.Pratap V. Jadhavar

¶264

Advocate for petitioners in WP No.6308/2016: Shri
Boinwad Omgashad B.

¶265

GP for the Respondent State: Mr. A. B. Girase, Mr. S.
S. Dande, AGP.

¶266

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¶267

wp6096.16.odt

¶268

CORAM: R. M. BORDE &
K. L. WADANE, JJ.
 DATE:
13th July, 2016

¶269

ORDER:

¶270

1. Heard learned counsel for the respective
parties.

¶271

2. Petitioners are the students who have appeared
for MHT-CET 2010 Examination and are eligible for
admission to medical courses. The petitioners belong to

¶272

reserved category and are seeking admission to medical
curses as against the seats prescribed for reserved

¶273

category candidates. All the petitioners have
tendered proposal to the Scrutiny Committee for
verificationoftheirrespectivecaste/tribe

¶274

certificates and respective proposals are stated to be
pending with the scrutiny committee. The petitioners
are prohibited from filling application form by virtue

¶275

of the restrictions prescribed under the Regulation,
annexed to the Government Resolution dated 31st May,
2016 at Schedule B (Constitutional Reservations),
issued by the Medical Education and Drugs Department,
regulating admissions to the Medical Courses.

¶276

3. Clause 5 of the Regulation (Schedule B)

¶277

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¶278

wp6096.16.odt

¶279

mandates that the candidates who have claimed the
constitutional reservation in the original application
form must submit caste validity certificate at the time
of filling the preference form, failing which, the
category claim would not be considered. Since the
petitioners are not possessing validation certificates,
they have reasonable apprehension that their claim for

¶280

admission to medical course as against the reserved
seats would not be considered and as such, they
approached this Court seeking directions to the
respondents to accept the preference form and consider
them as candidates belonging to reserved category,
without insisting for original caste/Tribe certificate
or the validity certificate.

¶281

4. It is the contention of the petitioners that

¶282

their original caste/tribe certificates have been
forwarded to the Scrutiny Committee for verification

¶283

and since the verification claims are pending with
the Scrutiny Committee, they are not in possession of
original caste/tribe certificate or the validity
certificate.

¶284

5. It is not within the power of the students to

¶285

persuade the Caste Scrutiny Committee to take decision

¶286

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¶287

wp6096.16.odt

¶288

in respect of verification of their caste/tribe
certificate and issue validity certificate within
prescribed period. The petitioners have no control
over the proceedings pending before the Scrutiny
Committee. Considering this aspect of the matter, we
have issued directions to the respondent/admission
authorities to accept preference forms of the

¶289

petitioners without insisting for submission of
original caste/tribe certificates and validity
certificates and the petitioners, however, were
required to tender proof of pendency of their
verification claim before the Scrutiny Committee and
were also required to produce true copy of the
caste/tribe certificate.

¶290

6. In observance of the interim order passed by this
Court, it is informed that the respondent/admission
authority has accepted the preference forms of the
petitioners. It is informed by the learned AGP
appearing for the State that Director of Medical
Education and Research issued a press note on 27th

¶291

June, 2016 declaring that preference form of the
candidates desirous of seeking admission to medical
courses amongst the reserved category would be accepted
on tendering an undertaking to the effect that they

¶292

26/29

¶293

wp6096.16.odt

¶294

would submit validation certificate before 22nd July,
2016 and on their failure to submit validation
certificate, their admission would be cancelled.
Apart from this, the Social Justice and Special
Assistance Department, has issued Circular dated 29th
June, 2016 prescribing programme in respect of
verification of caste/tribe certificates. Last date
declared for submission of proposal to the Assistant
Commissioner of Social Welfare is 27th July, 2016. The
date prescribed for forwarding proposal to the
concerned Scrutiny Committee by the Assistant
Commissioner of Social welfare is 31st July, 2016 and
last date prescribed for decision by the Scrutiny
Committee is 30th September,2016.

¶295

7. It is not a matter of controversy that there are
thousands of proposals pending with the scrutiny
committee and it is virtually impossible for the
scrutiny committee to render decision in each and every
matter before the date prescribed in the circular i.e.
30th September, 2016. There can be no assurance on
behalf of the Social Justice and Special Assistance
Department that Scrutiny Committees will decide all

¶296

the pending matters of the students before the
prescribed dates. Rules regulating verification of

¶297

27/29

¶298

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¶299

caste certificate requires vigilance cell enquiry and
period is prescribed under the Rules for tendering of
the report by the vigilance cell and for submissions of
the comments /objections by the concerned candidates/
persons on the report of the vigilance cell. This
procedure itself requires a longer period and that has
been prescribed under the Rules. The date prescribed

¶300

for verification of the proposal as 30th September,
2016 is without considering the mandates of the Rules
governing procedure for verification of caste/tribe
certificates. In the circumstances, on account of
failure of the Scrutiny committee to decide the

¶301

verification claim within prescribed time frame, the
students desirous of securing admission to the medical

¶302

course from reserved category cannot be put to any
disadvantage. The date prescribed by the Director of
Medical Education and Research for submission of
validation certificate is only directory Aand without
noticing the ground realities. Students securing

¶303

admission to the medical courses cannot be put to any
disadvantages on account of failure of the Scrutiny

¶304

Committee to decide verification claims. In the

¶305

circumstances, the dates prescribed under circular for
submission of the validation certificate by the

¶306

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¶307

wp6096.16.odt

¶308

students shall have to be considered as directory and
not mandatory.

¶309

8. The respondent/admission authority shall not
take any adverse action against the petitioners whose
claims remain pending for consideration with the
Scrutiny Committee for verification, on account of
their failure to submit validation certificate before
the prescribed date. Admissions of the students to
medical courses including the petitioners shall be
subject to the outcome of the decision of the scrutiny
committee in respect of verification of their
respective caste/tribe certificates.

¶310

9. In all the matters pertaining to the students
whose validation claim is pending with the scrutiny
committee, endeavour shall be made to take decision as
expeditiously as possible and preferably within a
period of one year and it is accordingly directed. No
separate direction in this regard is necessary.

¶311

10. With the directions as above, the writ petitions
are disposed of.

¶312

(K. L. WADANE, J.) (R. M. BORDE, J. )

¶313

JPC

¶314

29/29

Girish Balwantrao Pakalwad U/G Father Balwantrao Shankarrao Pakalwad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Girish Balwantrao Pakalwad U/G Father Balwantrao Shankarrao Pakalwad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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