Bombay High Court
Prathmesh S/O Vinayak Zade vs Divisional Caste Scrutiny ... on 29 April, 2016
Bench: V.A. Naik
1 wp2277.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.2277/2016
Prathmesh s/o Vinayak Zade,
aged 20 years, Occ. Student,
r/o Seminary Hills, Surendragad,
Nagpur. .....PETITIONER
...V E R S U S...
1. Divisional Caste Scrutiny Committee No.3,
Nagpur Division, through its Chairman,
Administrative Building No. 2,
3rd Floor, Civil Lines, Nagpur.
2. State of Maharashtra, through its
Secretary, Social Justice & Welfare
Department, Mantralaya, Mumbai-32.
3. Director of Technical Education,
3 Mahapalika Marg, Mantralaya,
Mumbai-32.
4. The Principal, G. H. Raisoni College
of Engineering (Autonomous) CRPF
Gat No.3, Digdoh Hills, Hingna Road,
Nagpur - 440 016.
5. The Registrar, Rashtrasant Tukdoji
Maharaj Nagpur University, Nagpur,
Civil Lines, Nagpur. ...RESPONDENTS
---------------------------------------------------------------------------------------------------
Shri P. P. Dhok, Advocate for petitioner.
Shri S. M. Ukey, Additional Government Pleader for respondents.
--------------------------------------------------------------------------------------------------
CORAM:- SMT. VASANTI A. NAIK AND
V. M. DESHPANDE, JJ.
DATED :- APRIL 29, 2016
2 wp2277.16.odt
ORAL JUDGMENT (Per : Smt. Vasanti A. Naik, J.)
Rule. Rule made returnable forthwith. The petition is
heard finally as the notice of final disposal was issued to the
respondents and all the respondents are duly served.
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 seeks the protection of
his education till his caste claim is decided.
3. It is stated on behalf of the petitioner that though the
Scrutiny Committee has not decided the caste claim of the petitioner till
date, the college and the University threatening to cancel the admission
of the petitioner in the Bachelor of Information and Technology degree
course. It is stated that a direction may be issued to the Scrutiny
Committee to decide the caste claim of the petitioner within a time
frame.
4. Shri Ukey, the learned Additional 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.
3 wp2277.16.odt
5. In view of the statement made by the learned Additional
Government Pleader, we allow the 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,
the education of the petitioner is protected till his 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.)
kahale
