Case Note & Summary
The petitioner, Mangesh Rajan Dervankar, applied for admission to the Bachelor of Architecture course for the academic year 2018-2019 under the Scheduled Tribe category. He submitted an application for a caste verification certificate on 22 June 2018, but the certificate was not issued. He completed online registration and document verification and was found eligible for Non-CAP admission after 22 June 2018. The petitioner had passed H.S.C. with 68% aggregate marks (above the 50% eligibility for Open Category) and scored 95.5 marks in NATA (above the qualifying 70 marks). The respondent No.5 College published a timetable for admission against vacant seats after CAP, and the petitioner submitted an application. The College admitted the petitioner and forwarded his documents to the ARA for approval. The ARA, by order dated 29 March 2019, denied approval solely on the ground that the petitioner's caste certificate was not verified. The College filed a Review Application, which was dismissed by the ARA on 22 October 2021. The petitioner then filed a writ petition challenging the ARA's order. The Court noted that the petitioner was eligible under the Open Category as he met the required marks. The ARA had not considered this aspect. The Court held that the ARA ought to have examined the petitioner's eligibility under the Open Category and that the denial of approval solely due to lack of caste verification was unjustified. The Court quashed the ARA's order dated 22 October 2021 and remanded the matter to the ARA for fresh consideration, directing the ARA to decide the Review Application within four weeks, considering the petitioner's eligibility under the Open Category.
Headnote
A) Admission Law - Caste Certificate Verification - Open Category Eligibility - Maharashtra Unaided Private Professional Educational Institutions (Admission to Professional Courses) Act, 2015, Sections 10, 12 - The petitioner applied for admission under the Scheduled Tribe category but his caste certificate was not verified. The ARA denied approval of his admission. The Court held that the ARA ought to have considered the petitioner's eligibility under the Open Category since he met the Open Category criteria. The ARA's order was quashed and the matter remanded for fresh consideration. (Paras 2-10) B) Admission Law - Review Application - Consideration of Eligibility - Maharashtra Unaided Private Professional Educational Institutions (Admission to Professional Courses) Act, 2015, Sections 10, 12 - The College filed a Review Application before the ARA seeking reconsideration of the earlier order denying admission approval. The ARA dismissed the Review Application without considering the petitioner's eligibility under the Open Category. The Court held that the ARA should have examined the petitioner's eligibility under the Open Category and directed the ARA to decide the Review Application afresh. (Paras 11-15)
Issue of Consideration
Whether the ARA was justified in denying approval of the petitioner's admission to B. Architecture solely on the ground that his caste certificate was not verified, despite the petitioner being eligible under the Open Category.
Final Decision
The Court quashed the order dated 22 October 2021 passed by the ARA and remanded the matter to the ARA for fresh consideration. The ARA is directed to decide the Review Application afresh within four weeks from the date of the order, considering the petitioner's eligibility under the Open Category.
Law Points
- Admission cannot be denied solely due to pending caste verification when candidate meets Open Category eligibility criteria
- ARA must consider eligibility under Open Category if caste certificate is not verified
- Review Application cannot be dismissed without considering merits of eligibility under Open Category
