Ku. Pallavi D/O. Atmaram Rajput vs The State Of Maharashtra Thr. ...
2016 Latest Caselaw 1197 Bom

                                                 1/2                     0404WP1921.16-Judgment




                                                                                              
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.




                                                                    
                          WRIT PETITION NO.  1921   OF    2016

     PETITIONER :-                        Ku.Pallavi D/o Atmaram Rajput, Aged about 
                                          21 years, Occ.-Student, R/o Sunderkhed (old 




                                                                   
                                          Village), Tq. & Dist. Buldana. 

                                             ...VERSUS... 




                                                   
     RESPONDENTS :-                  1) The   State   of   Maharashtra,   through   its 
                                        Secretary,   Tribal   Welfare   Department, 
                               ig       Mantralaya, Mumbai-32. 

                                     2) Committee   for   Scrutiny   and   Verification   of 
                                        Tribe   Claims,   Amravati   Region,   Amravati, 
                             
                                        through its Deputy Director (R) and Member 
                                        Secretary having its office at Amaravati. 

                                     3) The   Dean,   Government   Medical   College, 
                                        Aurangabad, Tq. and Distt.Aurangabad.  
      


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                         Mr. P. K. Raulkar, counsel for the petitioner.
          Mr. S.M.Ukey, Addl. Govt. Pleader for the respondent Nos.1 to 3.
     ---------------------------------------------------------------------------------------------------





                                               CORAM : SMT. VASANTI A. NAIK &
                                                       V. M.DESHPANDE, JJ.

DATED : 04.04.2016

O R A L J U D G M E N T (Per Smt.Vasanti A. Naik, J.)

Rule. Rule made returnable forthwith. The petition is

heard finally at the stage of admission with the consent of the learned

counsel for the parties.

2/2 0404WP1921.16-Judgment

2. By this writ petition, the petitioner has sought a direction

to the Scrutiny Committee to decide the caste claim of the petitioner

within a time frame. The petitioner has sought the protection of her

education till her caste claim is decided.

3. Shri Ukey, the learned Additional Government Pleader

appearing for the Scrutiny Committee, states on instructions that the

caste claim of the petitioner is pending before the Scrutiny Committee

and the same would be decided as early as possible.

4. In view of the statement made by the learned Additional

Government Pleader, the writ petition is allowed. The respondent-

Scrutiny Committee is directed to decide the caste claim of the

petitioner within a period of fifteen months. Since the petitioner is not

at fault in not producing the caste validity certificate, the education of

the petitioner is protected till her caste claim is decided. This would

mean that the petitioner would be entitled to prosecute her studies,

appear at the examinations and her results should be declared till her

caste claim is decided. Rule is made absolute in the aforesaid terms

with no order as to costs.

                                   JUDGE                                     JUDGE 

     KHUNTE