KU. ADWITI D/O DILIP SONKUSARE v. STATE OF MAHARASHTRA, THR. SECRETARY, MINISTRY OF SOCIAL JUSTICE, MUMBAI AND ANR.
CAW/2017/2026 · 2026-09-02
body2018
DailyLaw.ai
[ 2018 DAILYLAW 3633 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2018 DAILYLAW 3633 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 25 wp 2759.26.odt..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION (CAW) NO.2018 OF 2026 IN WRIT PETITION NO.2759 OF 2026 Ku. Adwiti d/o Dilip Sonkusare .Vs. State of Maharashtra, thr. its Secretary, Ministry of Social Justice and another __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr Narayan Phadnis, Advocate for the petitioner. Mr S.V. Narale, AGP for the respondent Nos.1 and 2/State. Mr. Nikhil Gaikwad, Advocate for the respondent No.4. CORAM : URMILA JOSHI PHALKE AND
RAJ D. WAKODE, JJ. DATED : 02.09.2026. By this application, the petitioner is seeking directions to add respondent Nos.3 and 4 as a party as petitioner is NEET student and there is likelihood of her admission for the Post Graduate Course of Dental Surgeon and therefore, she would be in need of validity certificate. 2. Considering the reasons mentioned in the application, the petitioner is permitted to add the proposed respondents as respondent Nos.3 and 4. 3. The amendment be carried out forthwith. 4. The amended copy be placed on record within due course of time. 5. On adding respondent Nos.3 and 4 as a party, Mr. Nikhil Gaikwaid, learned counsel waives service of notice
2 25 wp 2759.26.odt..odt for respondent No.4 and Mr. S.V. Narale, learned AGP waives service of notice for respondent No.3/State. CIVIL APPLICATION (CAW) NO.2017 OF 2026
1. By this application, the petitioner is seeking directions to respondent No.4 to consider her candidature from the Scheduled Tribe category without insisting for the validity certificate as the validation order is already challenged before this Court. He submitted that there is every possibility that as per the percentage secured by the petitioner she can be accommodated in the Post Graduate Course in Dental Surgeon but due to unavailability of caste validity certificate she may loose her seat. Therefore, direction be given to respondent No.4 to consider her candidature from the Scheduled Tribe Category. 2. Learned AGP and learned counsel for the respondent No.4 strongly opposed the said contention on the ground that validity certificate is required as a pre condition and therefore, the prayer of the present petitioner is not sustainable. 3. After hearing both the sides and on perusal of the record, it reveals that petitioner has already challenged the invalidation order. The reply of the State is not still on record.
Considering the possibility of the petitioner in admission to the Post Graduate Course and apprehension that she may loose the opportunity. In view of that respondent No.3 can be directed to consider the candidature of the petitioner from the Scheduled Tribe Category. This
3 25 wp 2759.26.odt..odt aspect is already covered by the Government Resolution and Government has already extended the period for producing the validity certificate as far as SBC and OBC are concerned. Therefore, we are of the considered opinion that this benefit can be given to the other category also. 5. In view of that, the application deserves to be allowed. Hence we proceed to pass following order. 6. Civil Application is allowed. 7. Respondent No.4 is directed to consider the candidature of the present petitioner from the category of Scheduled Tribe Category and admit her provisionally. The admission of the present petitioner would be subject to final outcome of the petition and she should not claim any equity on that ground. 8. Respondent No.4 shall consider candidature of the present petitioner from the Scheduled Tribe Category if otherwise she is eligible. 9. Civil Application stands disposed of. WRIT PETITION NO.2759 OF 2026
1. Stand over to 08.10.2026. [RAJ D. WAKODE, J] [URMILA JOSHI PHALKE, J.] manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 04/09/2026 10:38:26