1 WP-4670-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No.4670 of 2017
Devendra s/o Madan Mahadule
Aged about 18 years, Occ. Education,
R/o Nisatkheda, Post Chacher,
Tq. Mauda, Dist. Nagpur. .. PETITIONER
.. Versus ..
1. The Divisional Caste Certificate
Scrutiny Committee No.3,
Nagpur Division, Nagpur,
Administative Building No.2,
3rd Floor, Opp. Zilla Parishad,
Civil Lines, Nagpur 440001,
Through its Member Secretary.
2. Shri Ramdev Baba College of
Engineering and Management Nagpur.
Through its Principal, Ramdev Tekadi,
Gittikhadan, Katol Road,
Nagpur 440013
.. RESPONDENTS
Mr. P.R. Agrawal, Advocate for Petitioner.
Mr.M.A. Kadu, AGP for Respondent No.1.
...
CORAM : B.R. GAVAI & MRS. SWAPNA S. JOSHI, JJ.
DATED : NOVEMBER 21, 2017.
ORAL JUDGMENT (per B.R. Gavai, J. )
1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.
2. The petitioner has approached this Court being aggrieved by the inaction on the part of respondent no.1 in not ::: Uploaded on - 21/11/2017 ::: Downloaded on - 22/11/2017 01:51:10 ::: 2 WP-4670-17.odt deciding the claim of the petitioner.
3. The petitioner claims to be belonging to Nomadic Tribe, has been admitted to respondent no.2 College against a seat reserved for Nomadic Tribe. However, since the petitioner's claim is not decided by respondent no.1, the petitioner is apprehending an adverse action by respondent no.2 on the ground of non- submission of validity certificate.
4. It is not in the hands of a candidate as to within how much period the respondent- Caste Scrutiny Committee would decide the claim of a candidate.
5. In that view of the matter, the petition is allowed in the following terms:-
Respondent No.1 is directed to decide the claim of the petitioner as expeditiously as possible and in any case within a period of three months from today. It is further directed that until the decision by respondent no.1 on the claim of the petitioner and for further period of three weeks thereafter in the event the order passed by respondent no.1 is adverse to the interest of the petitioner, no coercive action be taken against the petitioner.
6. Rule is made absolute in the above terms. No costs.
(Mrs. Swapna S. Joshi, J. ) (B.R. Gavai, J.) ...
halwai/p.s.
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