Bombay High Court
Prateek S/O Prashant Khobragade vs G. H. Raisoni College Of ... on 27 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.1953/2016
PETITIONER: Prateek s/o Prashant Khobragade,
Aged about 19 years, Occ. - Student,
R/o C-Wing, 1st Floor, Utkarsha Apartments,
Near Orange City Hospital, Khamla Square,
Nagpur.
...VERSUS...
RESPONDENTS : 1. G.H. Raisoni College of Engineering,
CRPF Gate No.3, Hingna Road, Digdoh
Hills, Nagpur - 440 016.
2. Divisional Caste Certificate Scrutiny
Committee, Nagpur Division Committee
No.2, Chandrapur Samajik Nyay Bhavan Milk
Dairy Road, Chandrapur - 442 402 through
its Member Secretary and Research Officer.
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Shri Rohit Joshi, Advocate for petitioner
Mrs. A.R. Kulkarni, AGP for respondent no.2
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CORAM : SMT. VASANTI A. NAIK, AND
V.M. DESHPANDE, JJ.
DATE : 27.04.2016
ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
Rule. Rule made returnable forthwith. The petition is heard
finally with the consent of the learned Counsel for the parties.
By this writ petition, the petitioner seeks a direction to the
respondent - Scrutiny Committee to accept the application of the
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petitioner for verification of his caste claim and decide the caste claim of
the petitioner within a time-frame. The petitioner seeks a direction
against the respondent - College to protect the admission of the
petitioner, till his caste claim is decided.
It is stated on behalf of the petitioner that after the
petitioner was admitted in the respondent no.1 - College in the
engineering course on a seat earmarked for the General Category
Candidate, the petitioner applied to the Scrutiny Committee for
verification of his caste claim so as to secure freeship and scholarship.
According to the petitioner, though the respondent no.1 - College as well
as the petitioner submitted the application form along with the caste
certificate to the Scrutiny Committee for verification of the caste claim,
the Scrutiny Committee did not accept the same. It is stated that it would
be necessary for the Scrutiny Committee to accept the caste claim of the
student as and when submitted. It is stated that the direction may be
issued against the Scrutiny Committee to accept the application form of
the petitioner for verification of his caste claim and decide the same in
accordance with law. The petitioner has claimed the protection of his
education, till his caste claim is decided.
Mrs. Kulkarni, the learned Assistant Government Pleader
appearing for the Scrutiny Committee states, on instructions, that the
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caste claim of the petitioner is not pending with the Scrutiny Committee.
It is, however, fairly stated that if the petitioner submits the application -
caste claim in the proper form along with the original caste certificate and
the other documents, the Scrutiny Committee would verify the same as
early as possible.
In view of the statement made by the learned Assistant
Government Pleader, we allow the writ petition. The petitioner is
permitted to apply to the Scrutiny Committee within a period of one
month in the proper form for verification of his caste claim. The
respondent - Scrutiny Committee is directed to decide the caste claim of
the petitioner as early as possible and positively within a period of fifteen
months from the date of receipt of the caste claim. The education of the
petitioner stands protected till his caste claim is decided.
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
