Ku. Nisha D/O. Gulabrao Keshkar vs Divisional Caste Scrutiny ...
2016 Latest Caselaw 1826 Bom

                                                            1                        wp1985.16.odt

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




                                                                                              
                               WRIT PETITION NO.1985/2016




                                                                    
          Ku. Nisha d/o Gulabchand Keshkar,
          aged about 18 years, Occ. Student,
          Permanent resident of WCL Colony, 
          Tilak Ward, Miner's Quarter No.56/4, 




                                                                   
          Ballarpur, Dist. Chandrapur.
          And
          At present resident of Girls Hostel,
          Indira Gandhi Medical College, Nagpur,
          Tq. Dist. Nagpur.                                           .....PETITIONER




                                                   
                               ig    ...V E R S U S...

     1. Divisional Caste Scrutiny Committee,
        Nagpur Division Committee No.2,
        Chandrapur.
                             
     2. Indira Gandhi Government Medical
        College, through its Dean Central Avenue
        Road, Nagpur.
      


     3. Maharashtra University of Health and
   



        Sciences through its Registrar, Nasik                         ...RESPONDENTS

     ---------------------------------------------------------------------------------------------------
     Mr. Nitin Autkar, Advocate for petitioner.
     Mr. S.M.Ukey,Additional Government Pleader for respondent nos.1 & 2.





     Mr. J. B. Jaiswal, Advocate for respondent no.3.
     --------------------------------------------------------------------------------------------------

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

DATED :- APRIL 25, 2016

ORAL JUDGMENT (Per : Smt. Vasanti A. Naik, J.)

Rule. Rule made returnable forthwith. Heard finally with

the consent of the learned counsel for the parties.

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2. By this petition, the petitioner seeks a direction to the

respondent-Scrutiny Committee to decide the caste claim of the

petitioner within a time frame. The petitioner seeks a direction to the

respondents College and University to protect her education till her

caste claim is decided.

4. The petitioner is admitted to the MBBS course on a seat

reserved for the Scheduled Castes. The caste claim of the petitioner was

referred to the Scrutiny Committee for verification. Though, the claim

of the petitioner is pending before the Scrutiny Committee, since the

College and the University have threatened to cancel the admission of

the petitioner, the petitioner has approached this Court with the

aforesaid prayers.

5. Shri Ukey, the learned Additional Government Pleader

appearing on behalf of the Scrutiny Committee states on instruction

that the petitioner has recently, during the pendency of this petition,

supplied the necessary documents to the Scrutiny Committee and the

Scrutiny Committee would decide the caste claim of the petitioner

within a period of one year.

6. Since, the petitioner is not at fault in not producing the

caste validity certificate and since the caste claim of the petitioner is

3 wp1985.16.odt

pending before the Scrutiny Committee, we partly allow this writ

petition. The respondent-Scrutiny Committee is directed to decide the

caste claim of the petitioner within a period of one year. The petitioner

undertakes to appear before the Scrutiny Committee on 23.05.2016.

Since, the petitioner was not at fault in not producing the caste validity

certificate, we direct the College and the University to protect the

education of the petitioner till her caste claim is decided. This would

mean that the petitioner should be permitted to attend classes, to

appear at the examinations and the result of the petitioner should be

declared if there is no other impediment in doing so, till her caste claim

is decided. Rule is made absolute in the aforesaid terms with no order

as to costs.

(V. M. Deshpande, J.) (Smt. Vasanti A. Naik, J.)

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