1 judg. wp 1113.15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 1113/2015
Aniket s/o Hiraji Naranaware,
aged 17 years, Occ.-Student,
through his natural guardian
father Hiraji s/o Yadao Narnaware,
aged about 49 years, Occ.-Service,
R/o.-Kadholi, Tah. Kurkheda, Dist. Gadchiroli. PETITIONER
.....VERSUS.....
1] The State of Maharashtra,
through its Secretary,
Health Department,
Mantralaya, Mumbai-32.
2] Maharashtra University of Health Sciences,
Nashik, Wani Road, Mhasrul, Nashik-422 004.
3] The Dean,
B.J. Govt. Medical College, Pune,
Pune Railway Station Road, Pune- 411 001
(Maharashtra State).
4] The Directorate of Medical Education
and Research, Mumbai.
5] Scheduled Tribe Certificate Scrutiny Committee,
Gadchiroli, through its Chairman,
Committee for Scheduled Tribe Claims,
Office at Complex Area,
Near Zilla Parishad Sankul, Gadchiroli,
Tq. and Distt. Gadchiroli. R
ESPONDENTS
Shri P.P. Dhok, Advocate for the petitioner.
Ms Tajwar Khan, Assistant Government Pleader for the respondent nos.3 and 5.
Coram : Smt. Vasanti A Naik &
Kum. Indira Jain, JJ.
Dated : 17 October, 2016.
th
::: Uploaded on - 19/10/2016 ::: Downloaded on - 21/10/2016 00:40:09 :::
2 judg. wp 1113.15.odt
ORAL JUDGMENT (Per Smt. Vasanti A Naik, J.)
Rule. Rule made returnable forthwith. The Writ Petition is heard
finally as the notice for final disposal was issued to the respondents and all the respondents are duly served.
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 against the University and the college to protect the education of the petitioner till his caste claim is decided.
According to the petitioner, though the petitioner has submitted his caste claim to the Scrutiny Committee for verification in the year 2013, the Scrutiny Committee has not decided the caste claim till date. It is stated that the petitioner is admitted in the Medical College on a seat earmarked for the Scheduled Tribes and the respondent nos. 2 and 3 i.e. the Health University and the College have threatened to cancel the admission of the petitioner if the petitioner fails to produce the caste validity certificate. It is stated that the direction as aforesaid may be issued against the respondents.
Ms Khan, the learned Assistant Government Pleader appearing for the Scrutiny Committee and the respondent no.3-College states that the caste claim of the petitioner is pending before the Scrutiny Committee and the same would be decided as early as possible. It is stated that the authorities have accepted the examination form of the petitioner and it would be now for ::: Uploaded on - 19/10/2016 ::: Downloaded on - 21/10/2016 00:40:09 ::: 3 judg. wp 1113.15.odt the University to accept the same.
It is clear from the statement made by the learned Assistant Government Pleader that the caste claim of the petitioner is pending before the Scrutiny Committee and the same would be decided by the Scrutiny Committee at the earliest. Since the petitioner is not at fault in not producing the caste validity certificate, the education of the petitioner needs to be protected till his caste claim is decided.
Hence, for the reasons aforesaid, the Writ Petition is allowed. The respondent no.5-University is directed to decide the caste claim of the petitioner as early as possible and positively within one year from the date of appearance of the petitioner before the Scrutiny Committee. The petitioner undertakes to appear before the Scrutiny Committee on 26-10-2016 so that the issuance of notice to the petitioner could be dispensed with. Since the petitioner is not at fault in not producing the caste validity certificate, the education of the petitioner is protected till his caste claim is decided. This would mean that the respondent nos. 2 and 3 should permit the petitioner to attend the classes, appear at the examination and the result of the petitioner should be declared if there is no other impediment in doing so. If the respondent-University has not accepted the examination form of the petitioner for the second year examination, the University is directed to immediately accept the same so that the petitioner can appear at the examination.
::: Uploaded on - 19/10/2016 ::: Downloaded on - 21/10/2016 00:40:09 :::4 judg. wp 1113.15.odt Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUD
GE
Deshmukh
::: Uploaded on - 19/10/2016 ::: Downloaded on - 21/10/2016 00:40:09 :::