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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.372/2015
PETITIONER: Pawan s/o Suresh Nannaware
Aged about 19 years, Occ. Student,
R/o Villgae Doma, Tq. Chimur
District : Chandrapur.
...VERSUS...
RESPONDENTS : 1. The Scheduled Tribe Certificate
Scrutiny Committee Gadchiroli Division,
Nagpur Adivasi Vikas Bhavan,
Third Floor, Giripeth, Amravati Road,
Nagpur through its Joint Commissioner.
2. The Director of Technical Education
Maharashtra State, Mumbai 3, Mahapalika
Marg Eliphiston Technical High School,
Campus, Mumbai.
3. Institute of Chemical Technology
Nathalal Parekha Marg, Matunga
Mumbai - 400019 through its Registrar.
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Shri S.D. Malke, Advocate for petitioner
Shri Amit Chutke, AGP for respondent nos.1 and 2
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CORAM : SMT. VASANTI A NAIK, AND
KUM. INDIRA JAIN, JJ.
DATE : 03.10.2016 ORAL JUDGMENT (PER : SMT. VASANTI A NAIK, J.) Rule. Rule made returnable forthwith. The writ petition is heard finally with the consent of the learned Counsel for the parties.
::: Uploaded on - 04/10/2016 ::: Downloaded on - 05/10/2016 00:55:37 :::wp372.15.odt 2 By this writ petition, the petitioner seeks a direction against the respondent - Scrutiny Committee to decide the caste claim of the petitioner within a time frame. The petitioner seeks a direction restraining the respondent - Institution from cancelling the admission of the petitioner in the Chemical Engineering Course, till his caste claim is decided.
Shri Malke, the learned Counsel for the petitioner states that the caste claim of the petitioner is pending with the Scrutiny Committee for long and though the same is not decided, the respondent - Institution is contemplating action against the petitioner for the cancellation of his admission.
Shri Chutke, the learned Assistant Government Pleader appearing on behalf of the Scrutiny Committee states, on instructions, that the caste claim of the petitioner is pending before the Committee and the same would be decided within eighteen months. It is stated that since the petitioner has availed the benefits, that are meant for the Scheduled Tribes, the petitioner may be directed to furnish an undertaking to the College authority and in this Court that if the petitioner fails in establishing his caste claim, he would be liable to pay the fees that are liable to be paid by an open category student.
::: Uploaded on - 04/10/2016 ::: Downloaded on - 05/10/2016 00:55:37 :::wp372.15.odt 3 Shri Malke, the learned Counsel for the petitioner states that the petitioner is ready to furnish an undertaking, as desired, within four weeks.
In view of the statement made by the learned Assistant Government Pleader that the caste claim of the petitioner is pending and the same would be decided within a time frame, we allow this writ petition. The respondent - Scrutiny Committee should positively decide the caste claim of the petitioner, within eighteen months. The education of the petitioner in the Chemical Engineering Course is protected, till his caste claim is decided, on the condition that the petitioner furnishes an undertaking in this Court and in the respondent no.3 - College that the petitioner would pay the fees, that are liable to be paid by an open category student, if the petitioner fails to establish his caste claim, within four weeks.
Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
Wadkar
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C E R T I F I C A T E
I certify that this judgment uploaded is a true and correct copy of original signed judgment.
Uploaded by : S.S. Wadkar, P.S. Uploaded on : 04/10/2016 ::: Uploaded on - 04/10/2016 ::: Downloaded on - 05/10/2016 00:55:37 :::