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2026 DAILYLAW 6265 (BOM)

NANCY D/O NUTANSINGH CHHADI v. THE STATE OF MAHARASHTRA, THR. SECRETARY, SOCIAL JUSTICE AND WELFARE DEPARTMENT, MUMBAI AND ANR.

CAW/2224/2026 · 2026-09-04

body2026

Judgment text

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(1) caw.2224.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.2224 OF 2026 AND CIVIL APPLICATION (CAW) NO.2223 OF 2026 IN WRIT PETITION NO.5418 OF 2026 Nancy d/o Nutansingh Chhadi Vs. State of Maharashtra, through its Secretary, Social Justice and Welfare Department, Mumbai and others -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P. S. Chawhan, Advocate for applicant/petitioner. Mr. N. S. Rao, AGP for respondent No.1/State. Mr. Nikhil Gaikwad, Advocate for respondent No.3. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATED : 04/09/2026 CIVIL APPLICATION (CAW) NO.2224 OF 2026 1. Heard Mr. P. S. Chawhan, learned counsel for the applicant and Mr. Nikhil Gaikwad, learned counsel, who appears for respondent No.3. 2. The present application is for addition of party to the present writ petition. This Court on 15.07.2026 while issuing notice to the respondents had granted interim relief in favour of the petitioner and accordingly, by way of an interim arrangement, directed the respondent No.3 - Maharashtra State Common Entrance Test (Cell) to accept the petitioner’s application form physically as well as online portal and process the same in accordance with law. 2026:BHC-NAG:11720-DB (2) caw.2224.2026 3. Mr. Chawhan, learned counsel for the petitioner submits that in view of the aforesaid direction of this Court, the respondent No.3 had accepted the application of the petitioner, the petitioner had appeared in the examination and had accordingly scored good marks, on the basis of which, she was allotted a seat in the Jhulelal Institute of Technology, Lonare, Nagpur. Accordingly, the petitioner is admitted in the aforesaid college and hence, the present application seeking leave of this Court to add the aforesaid college as party respondent. 4. In view of the above and for the reasons stated in the application, the application is allowed. 5. The necessary amendment be carried out forthwith and the petitioner to add the aforesaid Jhulelal Institute of Technology, Lonare, Nagpur, as respondent No.4. 6. Civil Application is accordingly, disposed of. CIVIL APPLICATION (CAW) NO.2223 OF 2026 1. Heard Mr. P. S. Chawhan, learned counsel for the petitioner. The present application for directions to the respondents and more specifically to the respondent Nos.3 and 4. 2. This Court on 15.07.2026 while issuing notice to the respondents had granted interim relief in favour of the petitioner and accordingly, by way of an interim arrangement, directed the respondent No.3 - Maharashtra State Common Entrance Test (Cell) to accept the petitioner’s application form physically as well as online portal and process the same in accordance with law. (3) caw.2224.2026 3. Mr. Chawhan, learned counsel for the petitioner submits that in view of the aforesaid direction of this Court, the respondent No.3 had accepted the application of the petitioner, the petitioner had appeared in the examination and had accordingly scored good marks, on the basis of which, she was allotted a seat in the Jhulelal Institute of Technology, Lonare, Nagpur. 4. In view of the aforesaid facts, now the challenge of the petitioner to the impugned order rejecting caste claim of the petitioner is sub judice before this Court in the present writ petition. Further by way of an interim arrangement this Court had permitted the petitioner to participate in the process conducted by the respondent No.3 and accordingly, she is admitted in the respondent No.4 college. In view of the above, the respondent Nos.3 and 4 are directed not to take any coercive steps against the petitioner in view of the invalidation of the caste claim and by insisting upon the petitioner for producing the Caste Validity Certificate during the pendency of the present writ petition. 5. Accordingly, the application is disposed of. WRIT PETITION NO.5418 OF 2026 Stand over to 08.10.2026. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 04/09/2026 21:09:51