Bombay High Court
Pranali D/O. Gopalsing Rajput vs The State Of Maharashtra Thr. ... on 11 April, 2016
Bench: V.A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.2081/2016
Pranali d/o Gopalsing Rajput,
aged 19 years, Occ. Student,
r/o Congress Nagar, Sundarkhed,
Chikhali Road, Buldana, Tq. Dist.
Buldana. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
its Secretary, medical Education and
Drugs Department, Mantralaya,
Mumbai - 400 032.
2. Divisional Caste Scrutiny Verification
Committee, Amravati Division, Amravati.
3. The Registrar, Maharashtra University
of Health Sciences Nashik, Dindori
Road, Nashik, Tq. Dist. Nashik.
4. The Dean/Principal, Annasaheb
Chudaman Patil Memorial Medical
College, Post Box No.145, Sakhri Road,
Dhule, Tq. and Dist. Dhule. ...RESPONDENTS
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Mr. V. B. Gawali, Advocate for petitioner.
Mr. N. R. Rode, A.G.P. for respondent nos. 1 and 2.
Mr. K. Malokar, Advocate for respondent no.3.
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CORAM:- SMT. VASANTI A. NAIK AND
V. M. DESHPANDE, JJ.
DATED :- APRIL 11, 2016
ORAL JUDGMENT (Per : Smt. Vasanti A. Naik, J.)
1. Rule. Rule returnable forthwith. Heard finally by consent
of the parties.
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2. By this petition, the petitioner seeks a direction to the
respondent no.2-Scrutiny Committee to decide the caste claim of the
petitioner within a time frame. The petitioner seeks the protection of
her education till her caste claim is decided.
3. According to the petitioner, though the caste claim of the
petitioner is referred to the Scrutiny Committee for verification in the
year 2012, the Scrutiny Committee has not decided the same till date. It
is stated that the petitioner is taking education in the M.B.B.S. course
and the college and the respondent-University are likely to take action
against the petitioner for not producing the caste validity certificate.
The learned counsel for the petitioner has sought the aforesaid direction
in this background.
4. Mr. Rode, 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 Scrutiny Committee
and the same would be decided within a period of six months.
5. In view of the statement made by the learned A.G.P., we
allow the writ petition. The Scrutiny Committee is directed to decide
the caste claim of the petitioner within a period of six months. The
respondents University and the college are directed to protect the
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education of the petitioner till her caste claim is decided. This means
that the petitioner should be permitted to appear at the examination
and her result should be declared, if there is no other impediment in
doing so.
Rule is made absolute in the aforesaid terms with no order
as to costs.
(V. M. Deshpande, J.) (Smt. Vasanti A. Naik, J.)
kahale
