3-WP 12156.2026.doc Kavita S.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12156 OF 2026 Dipesh Rupesh Surve, minor through her Mother and natural Guardian Manisha R. Surve …Petitioner Versus State of Maharashtra & Ors., …Respondents ---------- Mr. Chintamani K. Bhangoji a/w Mr. Vishwajit S. Sharma for the Petitioner. Mr. P.P. Kakade, Addl. GP a/w Ms.Priyanka Chavan, AGP for Respondent No.1 – State. Dr. Dhruti Kapadia a/w Ms. Kavita Dhanuka for Respondent No.2 – State CET Cell. Mr. Susheel Mahadeshwar for Respondent No.3. ---------- CORAM : R.I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATE : 22nd SEPTEMBER, 2026. ORDER: 1. Rule. Rule made returnable forthwith. Heard by consent of the parties. 2. This Petition seeks quashing and setting aside of the impugned action of Respondent No. 2 - State CET Cell on 7th 1/7 KAVITA SUSHIL JADHAV Digitally signed by KAVITA SUSHIL JADHAV Date: 2026.09.23 18:50:48 +0530 3-WP 12156.2026.doc September, 2026 by which the allotment/admission of the Petitioner in B.E. Computer Engineering degree course for the Academic Year 2026–2027 had been cancelled. The Petitioner has accordingly sought for restoration of admission of the Petitioner in the said course. 3. This Petition is almost identical to Writ Petition No. 12157 of 2026 in which Order dated 17th September, 2026 had been passed by this Court allowing the Writ Petition. 4. In the present case, as in that case, the Petitioner, though having been granted admission to Respondent No.3 - College provisionally under the reserved category of Scheduled Tribe and having paid the necessary fees, was unable to upload the Caste Validity Certificate in view of the said certificate having not been granted by the stipulated date of 7th September, 2026 as per the brochure issued by Respondent No. 2 - State CET Cell. 5. The Petitioner was granted the Caste Validity Certificate by Respondent No.4 - Scrutiny Committee on the very next day viz. 8th September, 2026. The Petitioner had approached the office of Respondent No.2 – State CET Cell and apprised them of the Validity 2/7 3-WP 12156.2026.doc Certificate granted by Respondent No.4 - Scrutiny Committee and sought restoration of the Petitioner's admission in the first year of B.E. Computer Engineering in the College of Respondent No. 3. However, Respondent No. 2 - State CET Cell declined the request of the Petitioner on the ground that admission cannot be restored as the stipulated date viz. 7th September, 2026 had expired. Accordingly, the present Writ Petition has been filed. 6. This Court in Writ Petition No. 12157 of 2026 vide order dated 17th September, 2026 had considered that the case is covered by the Judgment of this Court in Anisa Arashad Diwan Vs. State of Maharashtra in Writ Petition No. 9579 of 2022 dated 22nd February, 2024, wherein on similar facts, it was held that the delay in submitting the Validity Certificate by the Petitioner could not be attributed to the Petitioner and accordingly, cancellation of admission by the State CET Cell cannot be justified. This Court had observed that cancellation of Petitioner's admission in her 3rd 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 for this course. 3/7 3-WP 12156.2026.doc 7. Having so held that the case is covered by the decision of this Court in Anisa Arashad Diwan (supra), which would also cover the present Petition, a similar order is required to be passed in the present case as had been passed in the aforesaid decision. 8. On the previous date, viz. 17th September 2026, this Court had noted the submission of Dr. Dhruti Kapadia, learned Counsel appearing for Respondent No. 2 - State CET Cell that the seat in the Scheduled Tribe category to which the Petitioner belongs, is not available and that there is one seat available under OBC category. 9. Today, Mr. Susheel Mahadeshwar, learned Counsel appearing for Respondent No. 3 - College states that the Order dated 11th September, 2026 by which this Court had directed Respondent Nos. 2 and 3 not to fill up the seat which became vacant on account of cancellation of the admission of the Petitioner in B.E. Computer Engineering Course for the Academic Year 2026-2027 was immediately communicated to the State CET Cell vide communication dated 13th September, 2026. A copy of which is tendered and taken on record and marked 'X' for identification. In the 4/7 3-WP 12156.2026.doc said communication, Respondent No. 3 - College has suggested cancellation of admission of one Amrit Singh who had been admitted on the vacant ST seat viz. the ST Seat which had been vacated by the Petitioner upon his admission being cancelled. The said Amrit Singh had been admitted on 11th September, 2026 though belonging to the open category. Further, there is one available open Seat that could be given to the said Amrit Singh, and thereby the ST seat will be kept vacant for the purpose of admission of the Petitioner. 10. Having considered the said communication addressed by Respondent No.3 – College to the Respondent No.2 – State CET Cell, we find the suggestion to be acceptable. This is in light of the merit found in the present Petition by this Court and particularly considering that the Petitioner was not at fault, and that it was Respondent No. 4 - Scrutiny Committee who had failed 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 Development, 1994 SCC (6) 241. 5/7 3-WP 12156.2026.doc 11. Accordingly, we pass the following order: (i) The impugned action of Respondent No.2 – State CET Cell taken on 7th September, 2026 in cancelling the Petitioner’s admission for B.E. Computer Engineering Degree Course for the Academic Year 2026-2027 is set aside. (ii) The Respondent Nos. 2 and 3 are directed to restore the admission of the Petitioner in B.E. Computer Engineering degree course for the Academic Year 2026– 2027 in Respondent No.3 – College and the ST Seat shall be made available to the Petitioner in Respondent No.3 – College, subject to Petitioner submitting the Caste Validity Certificate belonging to the Scheduled Tribe category. (iii) Consequential to (ii) above, Respondent No.2 – State CET Cell is directed to cancel the admission of Amrit Singh (EN 26309254) on the ST seat which had become vacant in view of the Petitioner’s admission being cancelled. Respondent No. 2 - State CET Cell shall 6/7 3-WP 12156.2026.doc allot the vacant open seat to the said Amrit Singh in place of the ST seat which he had been allotted and which allotment has been cancelled by virtue of this order. (iv) This order is passed in the peculiar facts of the present case and shall not be treated as a precedent. (v) 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 his admission in Respondent No. 3 - College. (vi) The Petition is disposed of in the above terms. There shall be no orders as to costs. [ FIRDOSH P. POONIWALLA, J. ] [ R.I. CHAGLA, J.] 7/7