Bombay High Court
Rutuja Baliram Gunjal vs The State Of Maharashtra And Others on 21 December, 2020
Author: Shrikant D. Kulkarni
Bench: S. V. Gangapurwala, Shrikant D. Kulkarni
(1) wpst-25951-2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION (STAMP) NO.25951 OF 2020
RUTUJA D/O BALIRAM GUNJAL ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
...
Mr. Yogesh K. Bobade, Advocate for the Petitioner.
Mr. K. B. Jadhavar, AGP for Respondents-State.
Mr. M. D. Narwadkar, Advocate for Respondent No.3.
...
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATED : 21st DECEMBER, 2020. PER COURT:-
1. The learned counsel for the petitioner submits that the petitioner has EWS certificate, but in the Central format. The petitioner belongs to Maratha caste. The petitioner has applied for the EWS certificate in the State format, but same is not issued only on the ground that the petitioner belongs to Maratha caste. The SEBC reservation for Maratha caste is stayed by the Apex Court. According to the petitioner, she belongs to EWS category.
2. We have also heard the learned A.G.P. for respondent Nos. 1, 2, 4 and 5, Mr. Narwadkar, learned counsel for respondent No. 3.
3. The SEBC reservation extended to Maratha community in the State of Maharashtra is stayed by ::: Uploaded on - 23/12/2020 ::: Downloaded on - 10/02/2021 14:52:37 ::: (2) wpst-25951-2020 the Apex Court. The petitioner is ready to file an undertaking that throughout her educational career she will not claim benefit of any reservation except EWS.
4. The petitioner shall file an undertaking with the Authority that if the petitioner is admitted from EWS category, the petitioner shall not take benefit of reservation either vertical or horizontal throughout her educational career. The authority shall take decision on the application filed by the petitioner for issuance of EWS certificate in the State format. The same shall not be rejected only on the ground that the petitioner belongs to Maratha caste. The authority will verify the economic and the financial position of the petitioner and of her parents and, if, it is found that the petitioner fits into the EWS category, then the certificate to the petitioner shall not be denied only on the ground that the petitioner belongs to Maratha caste. The application of the petitioner shall be decided by 23.12.2020.
5. Writ petition is disposed of. No costs.
(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/December-2020
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