Bombay High Court
Ku. Nayan D/O. Bhaskar Chouke vs State Of Maha. Tribal Development ... on 22 April, 2016
Bench: V.A. Naik
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO. 1338 / 2016
Ku.Nayan D/o Bhaskar Chouke
Age 23 years, occul; student
R/o "Krusharpan" Gajanan Nagar
Arvi Naka Road, Wardha 442001 ..PETITIONER
v e r s u s
1) State of Maharashtra
Tribal Development Department
Through its's Principal Secretary
Mantralaya Extension, Madam Kama Road
Mumbai 400 032.
2) Sant Gadge Baba Amravati University
Through its Registrar
Camp Area, Near Tapovan Gate
Amravati.
3) Principal,
College of Engineering and Technology
HYPM Campus, Hanuman Vyayam Nagar
Amravati 440605.
4) Project Officer,
Integrated Tribal Development
Dharni Tah.Dharni
Dist. Amravati- 444702.
5) The Scheduled Tribes Caste Scrutiny Committee
Through its Member Secretary
Adiwasi Vikas Bhavan Giripeth
Amravati Road, Nagpur 444601. .. ...RESPONDENTS
...........................................................................................................................
Mr. T.Rahul, Advocate for petitioner
Mr. Ambarish Joshi, Assistant Government Pleader for Res. Nos.1,4,5
Mr. J B Jaiswal, Advocate for respondent no.2
Mr. A.M. Sudame, Advocate for Respondent no.3
............................................................................................................................
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CORAM: SMT. VASANTI A. NAIK &
SMT . SWAPNA JOSHI, JJ
.
DATED : 22nd April, 2016
ORAL JUDGMENT: (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.
By this Writ Petition, the petitioner seeks a direction to
the respondent no.5-Scrutiny Committee to decide the caste claim
of the petitioner within a time-frame. The petitioner seeks a
direction to the respondents-University and the College to declare
the results of the petitioner of final year Bachelor of Engineering
(Electronics and Telecommunications), degree course, till her
caste claim is decided.
Mr.T.Rahul, the learned counsel for the petitioners
states that though the caste claim of the petitioner is referred to the
Scrutiny Committee for verification since long, the Scrutiny
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Committee has not decided the same till date. It is stated that the
petitioner has appeared for the final year B.E. examination and the
results of the petitioner are not declared, in the absence of the
caste validity certificate. It is submitted that, in this background, a
direction to the Scrutiny Committee to decide the caste claim of the
petitioner within a time-frame, is necessary. So also, a direction is
sought against the College and the University to declare the final
year B.E. examination results of the petitioner, at the earliest.
Shri Ambarish Joshi, the 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 one year. It is stated that the matter in respect of the
petitioner is just referred to the Police Vigilance Cell, for an
enquiry.
Shri Sudame, the learned counsel for the respondent
No. 3 states that the petitioner has appeared at the final year B.E.
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examination and if the results of the petitioner are declared the
petitioner will not approach the College to pay the fees, that are
liable to be paid by a regular student, that is admitted in the
Open category, if his caste claim is invalidated. It is stated that the
Management would be required to run from pillar to post to
secure the regular fees from the petitioner.
Shri Jaiswal, the learned counsel for the University
states that an appropriate order may be passed in the
circumstances of the case. It is stated that the results of the
petitioner could be provisionally declared in the absence of the
caste validity certificate.
On hearing the learned counsel for the parties, it
appears that the caste claim of the petitioner is pending before the
Scrutiny Committee and the petitioner is not at fault in not
producing the caste validity certificate. In this background, we
direct the Scrutiny Committee to decide the caste claim of the
petitioner within a period of one year from the date of appearance
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of the petitioner before the Scrutiny Committee. The petitioner
undertakes to appear before the Scrutiny Committee on 16th May
2016. Since the petitioner was not at fault in not producing the
caste validity certificate, we direct the University and the College to
declare the provisional results of the petitioner, on the condition
that the petitioner pays fees that are liable to be paid by an Open
category student, to the respondent-Management. It is, however,
made clear that if the petitioner is ultimately successful in
securing the caste validity certificate, the College should repay the
difference of amount that is received from the petitioner towards
fees, to the petitioner immediately. The provisional result of the
petitioner should be declared within a period of one week from
the date of payment of the regular fees to the respondent-
Management.
Rule is made absolute in the aforesaid terms, with no
order as to costs.
JUDGE JUDGE
sahare
