Bombay High Court
Ku. Vrushali D/O. Dilipsingh ... vs State Of Maha., Thr. Sect., Social ... on 26 April, 2016
Bench: V.A. Naik
1/3 2604WP1797.16-Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1797 OF 2016
PETITIONER :- Ku. Vrushali D/o Dilipsingh Solanki, Aged :
23 yrs., Occu: Student, R/o, C/o. Ashok
Bendakar, Near Dnyaneshwar High School
Nandura, Distt.-Buldhana.
...VERSUS...
RESPONDENTS :- 1. State of Maharashtra, Through its Secretary
Social Justice and Empowerment
ig Department, Mantralaya, Mumbai - 32.
2. The Divisional Caste Certificate Scrutiny
Committee No.2, Amravati Division,
Amravati.
3. Shri Gurudeo Ayurved College, Gurukunj-
Ashram, Distt.-Amravati through its
Principal.
4. Maharashtra University of Health Science,
Vani Road, Mhasrul, Nasik, through its
Registrar.
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Mr. P.S.Khubalkar, counsel for the petitioner.
Mr.Ambarish Joshi, Asstt. Govt. Pleader for the respondent Nos. & 2.
Mr. J.Y.Ghurde, counsel for the respondent No.3.
Mr. J.B.Jaiswal, counsel for the respondent No.4.
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CORAM : SMT. VASANTI A. NAIK &
V. M.DESHPANDE, JJ.
DATED : 26.04.2016
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.
2/3 2604WP1797.16-Judgment
2. By this writ 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 also seeks a direction to
the College and the University to issue the mark-sheet and the
provisional degree certificate to the petitioner so that the petitioner
could start the internship.
3. The petitioner was admitted to the B.A.M.S. Course on a
seat reserved for the Vimukta Jatis. Since the petitioner claims to
belong to Rajput Bhamta, Vimukta Jati, the caste claim of the petitioner
was referred to the Scrutiny Committee for verification. The Scrutiny
Committee has not decided the caste claim of the petitioner and the
College and the University are not ready to issue the mark-sheet and the
provisional degree certificate to the petitioner in the absence of the
caste validity certificate.
4. 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 as early as
possible.
5. In view of the statement made by the learned Assistant
Government Pleader about the pendency of the caste claim, we allow
the writ petition. The respondent No.2-Scrutiny Committee is directed
3/3 2604WP1797.16-Judgment
to decide the caste claim of the petitioner within a period of fifteen
months. 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, the respondent No.3-College and
the respondent No.4-University should issue the mark-sheet and the
provisional degree certificate to the petitioner, as the petitioner has paid
the fees that are liable to be paid by an open category student. The
mark-sheet should be issued to the petitioner within a period of eight
days and the provisional degree certificate should also be issued as soon
as possible. Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
KHUNTE
