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2025 DAILYLAW 72464 (BOM)

MADHA TALUKA SHIKSHAN PRASARAK MANDAL AND ANR v. STATE OF MAHARASHTRA (THR PRIN. SEC. HIGHER EDU DEPT.) AND ORS

WP/4391/2025 · 2025-11-24

Shri Ajit B Kadethankar, Shri M S Karnik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

80-WP-4391-2025-corrected.doc Shailaja corrected vide order dated 12.12.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4391 OF 2025 Madha Taluka Shikshan Prasarak ] Mandal, Kurduwadi and another ] Petitioners versus State of Maharashtra (Through ] Principal Secretary, Higher Education ] Department) and others ] Respondents ….. Mr. Anvil S. Kalekar, for Petitioners. Ms. T.J. Kapre, A.G.P, for Respondent – State. Mr. Ramdas Hake Patil (through V.C.), for Respondent No.5. ….. CORAM : M.S. KARNIK & AJIT B. KADETHANKAR, JJ. DATE : 24th NOVEMBER, 2025. ORAL ORDER: [PER M.S. KARNIK, J.]: 1. Heard learned Counsel for the petitioners, learned A.G.P and learned Counsel for respondent No.5. 2. The petitioners pray for following substantive reliefs; “(b) This Hon'ble Court be pleased to issue appropriate writ, order or direction under Article-226 of Constitution of India, thereby directing the Respondent No.4 District Caste Certiicate Scrutiny Committee, Solapur to initiate action U/secs. 7, 10 and 11 of the 1 of 4 SHAILAJA SHRIKANT HALKUDE Digitally signed by SHAILAJA SHRIKANT HALKUDE Date: 2025.12.15 10:30:27 +0530 80-WP-4391-2025-corrected.doc Caste Certiicate Act, 2000 against the Respondent No.7 for submitting the false, forged, fabricated and bogus Caste Validity Certiicate No. 12098 dated 19.07.2013 and claiming the beneits admissible to the SC community candidate on that basis. (c) This Hon'ble Court be pleased to issue appropriate writ, order or direction under Article-226 of Constitution of India, thereby directing Punashlok Ahilyadevi Holker Solapur University to conduct a thorough inquiry against the Respondent No.07 on the Complaint dated 13.12.2024 made by the Petitioner trust about submission of false, forged, fabricated and bogus caste validity certiicate and obtaining employment on the basis of the same with the Petitioners as Lecturer in English faculty and as directed by the Deputy Director of Higher Education, Solapur Division, Solapur by his letter dated 31.12.2024. (d) This Hon'ble Court be pleased to issue appropriate writ, order or direction under Article-226 of Constitution of India, thereby directing the Respondent No.4 to hold and declare that the Respondent No.7 does not belong to Schedule Caste community (SC). (e) This Hon'ble Court be pleased to issue appropriate writ, order or direction under Article-226 of Constitution of India, thereby quashing and setting aside the impugned Order/ approval dated 13.12.2024 issued by the Punashlok Ahilyadevi Holker Solapur University, granting approval to the Respondent No.07- Dr. Pol. A. P. as In- charge Principal of K. N. Bhise Arts, Commerce and Vinayakrao Patil Science College, Kurduwadi in view of the Complaint dated 13.12.2024 made by the Petitioner trust about submission of false, forged, fabricated and bogus caste validity certiicate and obtaining employment on the basis of the same with the Petitioners as Lecturer in English faculty. 2 of 4 80-WP-4391-2025-corrected.doc (f) This Hon'ble Court be pleased to issue appropriate writ, order or direction under Article - 226 of Constitution of India, directing the Respondents No.1 to 3 to conduct a thorough inquiry on the Complaint dated 13.12.2024 made by the Petitioner trust about submission of false, forged, fabricated and bogus caste validity certiicate and obtaining employment on the basis of the same with the Petitioners as Lecturer in English faculty and recover all the beneits obtained by the Respondent No.7 on the basis of appointment secured by her with the Petitioners institution on the basis of said forged and bogus caste validity certiicate as contemplated U/sec. 10 of the Caste Certiicate Act, 2000 and submit compliance report to this Hon’ble Court’. 3. Mr. Hake, learned Counsel appearing for respondent No.5 – University submitted that Vice Chancellor has on 9th January, 2025 already constituted a three members committee to inquire and conduct a thorough inquiry against the respondent No.7 on the complaint dated 13th December, 2024 made by the petitioner – Trust about the submission of false, forged, fabricated and bogus caste validity certiicate and obtaining the employment on the basis of the same. 4. Mr. Hake submits that after the report and recommendations are received, appropriate action will be taken including making necessary request to the District Caste Scrutiny Committee to initiate action in accordance with law. 3 of 4 80-WP-4391-2025-corrected.doc 5. It is submitted that the respondent No.7 was already arrested on 4th April, 2025. Since action has been taken and necessary inquiry is being made which obviously will be taken to its logical conclusion, we do not see any reason to keep this petition pending. 6. The petition is disposed of. 7. Liberty to apply at the later stage, if necessary. [AJIT B. KADETHANKAR, J.] [M.S. KARNIK, J.] 4 of 4