0710WP5669.15-Judgment 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5669 OF 2015
PETITIONER :- Ku. Namita D/o Gurudeo Dadmal, Aged
about 19 yrs., Occ.- Student, R/o Plot
No.145-B, Dubey Nagar, Hudkeshwar Road,
Nagpur-34.
...VERSUS...
RESPONDENTS :- 1) The Scheduled Tribe Certificate Scrutiny
Committee, Nagpur, Division Nagpur,
ig Adivasi Vikas Bhavan, Third Floor, Giripeth,
Amravati Road, Nagpur, Through its Joint
Commissioner.
2) The Director of Technical Education
Maharashtra State Mumbai, 3, Mahapalika
Marga Eliphiston Technical High School
Campus, Mumbai.
3) The Principal, Yeshwantrao Chavan College
of Engineering, Hingna Road, Wanadongari,
Nagpur - 10.
4) Rashtra Sant Tukdoji Maharaj Nagar
University, Nagpur, Through its Registrar
Examination.
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Mr.S. D. Malke, counsel for the petitioner.
Mr. I.J. Damle, Asstt. Govt.Pleader for the respondent Nos.1 and 2.
Mr. P. D. Meghe, counsel for the respondent No.3.
Mr. P. B. Patil, counsel for the respondent No.4.
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CORAM : SMT. VASANTI A NAIK &
KUM. INDIRA JAIN, JJ.
DATED : 07.10.2016 ::: Uploaded on - 14/10/2016 ::: Downloaded on - 15/10/2016 00:08:08 ::: 0710WP5669.15-Judgment 2/3 O R A L J U D G M E N T (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.
2. By this writ petition, the petitioner seeks a direction against the respondent No.1-Scrutiny Committee to decide the caste claim of the petitioner within a time frame. The petitioner seeks a direction against the respondent No.3-College and the respondent No.4-
University to protect the education of the petitioner, till her caste claim is decided.
3. According to the petitioner, the petitioner belongs to Mana Scheduled Tribe and though the caste claim of the petitioner is referred to the Scrutiny Committee for verification, the Scrutiny Committee has not decided the same. It is stated that the petitioner is admitted in the Electronic Engineering Course in the respondent No.3-College and the College has threatened to cancel the admission of the petitioner in the absence of the caste validity certificate.
4. Shri Damle, the learned Assistant Government Pleader appearing on behalf of the Scrutiny Committee, states on instructions that the caste claim of the petitioner is pending and the same would be decided as early as possible.
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5. In view of the statement made by the learned Assistant Government Pleader that the caste claim of the petitioner is pending, we allow the writ petition. The respondent No.1-Scrutiny Committee is directed to decide the caste claim of the petitioner within eighteen months. The respondent Nos.3 and 4 are directed to protect the education of the petitioner till her caste claim is decided, only if the petitioner furnishes an undertaking to the respondent No.3 and in this Court within four weeks that in case the petitioner fails to prove her caste claim, she would pay the fees that are liable to be paid by an open category student. Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
KHUNTE
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