Authority: High Court of Judicature at Bombay

Order Date: 06 October 2026

Case Overview

  • Petitioner: Ms. Yashswi Abhay Lodha, seeking quashing of communications dated 11 September 2026 (State CET Cell) and 12‑13 September 2026 (College) that cancelled her admission to Direct Second Year Engineering (Computer Science & Data Science) for Academic Year 2026‑27 under the Gujarati Linguistic Minority Category at Dwarkadas J. Sanghvi College of Engineering (Respondent No. 1). Respondent No. 2 is the State CET Cell.
  • Background: Petitioner passed S.S.C. in March 2023, earned a Diploma in Computer Technology with 92.82 % marks, and applied under CAP No. DSE 26105610 claiming Gujarati linguistic minority status. Provisional admission was granted; fees of Rs. 30,929 were paid on 6 August 2026.
  • Documents Submitted: Certificate dated 21 July 2026 from Shri Chintamani Parshwanath Jain Shwetamber Mandir & M.P. Sangh (Gujarati Jain community) certifying Gujarati mother‑tongue, notarized affidavit/declaration, Proforma‑O for minority quota, Kankotri, Diploma Leaving Certificate (no mother‑tongue entry), and domicile certificate.
  • College’s Additional Demands: On 6 September 2026 the college requested a “Vasti Patra (Community Directory)”, marksheets of father/brother/unmarried sister showing Gujarati as a subject, and an attested photocopy of the 10th Standard Leaving Certificate by 7 September 2026 5:00 p.m., threatening cancellation otherwise.
  • Petitioner’s Complaints: Filed written complaints on 3, 5 and 6 September 2026 to the State CET Cell alleging harassment and asserting compliance with the 2013 Government Resolution (Clause 4) which allows alternative proof when the school certificate omits mother‑tongue.
  • Hearings: State CET Cell scheduled hearings on 7 September 2026 (held) and 11 September 2026 (scheduled). On 11 September 2026, two minutes before Hearing No. 2 (10:30 a.m.), the Cell issued a communication directing the college to cancel the admission, relying on the 10th Standard Leaving Certificate from Nirmala Convent High School, Nashik, which recorded the petitioner’s mother‑tongue as “Marwadi”.
  • College’s Cancellation: The college issued cancellation communications on 12 September 2026 and 13 September 2026, declaring the admission cancelled with immediate effect.
  • Petitioner’s Arguments: Asserted violation of natural justice (communication issued before hearing, no real hearing), that Clause 4 should apply because the Diploma Leaving Certificate lacked mother‑tongue entry, and that the decision was fabricated.
  • Respondents’ Arguments: Cited Clause 3 of the 1 July 2013 Minority Development Department resolution, which makes the entry in the School Leaving Certificate authoritative; since it records “Marwadi”, the petitioner is ineligible. Emphasised that procedural irregularity does not affect the substantive conclusion.

Final Outcome

  • The Court held that Clause 3 is controlling because the 10th Standard Leaving Certificate expressly records the petitioner’s mother‑tongue as “Marwadi”. Consequently, the petitioner was not eligible for the Gujarati linguistic minority seat.
  • While acknowledging the procedural irregularity of issuing the communication two minutes before Hearing No. 2, the Court found no prejudice and deemed a remand futile.
  • The impugned communications dated 11 September 2026 (State CET Cell) and 12‑13 September 2026 (College) were upheld; the petition was dismissed with no order as to costs.

Topics: Admission Dispute, Minority Seat Eligibility