Rutuja D/O. Ashok Kakade vs Divisional Caste Certificate ...
2016 Latest Caselaw 4511 Bom

                                                 1/3                     0508WP4217.16-Judgment




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




                                                                    
                          WRIT PETITION NO.  4217   OF    2016




                                                                   
     PETITIONER:-                         Rutuja   D/o   Ashok   Kakade,   Aged   about   18
                                          years,   Occ:   Student,   Gandhi   Park,
                                          Motinagar, Pusad, District: Yavatmal. 

                                             ...VERSUS... 




                                                   
     RESPONDENTS :-            ig    1. Divisional   Caste   Certificate   Verification
                                        Committee   No.1,   Amravati   Division,   Camp
                                        Road, Amravati through its Secretary.  
                             
                                     2. The Director, Technical Education, Pune. 

                                     3.  Cummins College of Engineering for Women
                                         through   its   Principal,   Karve   Nagar,   Pune-
                                         440052.   
      


     ---------------------------------------------------------------------------------------------------
   



                       Mr. K. S. Narwade, counsel for the petitioner.
       Mr.V. P. Gangane, Asstt.Govt.Pleader for the respondent Nos.1 and 2. 
                                  None for the respondent No.3.
     ---------------------------------------------------------------------------------------------------





                                             CORAM : SMT. VASANTI    A    NAIK &
                                                        MRS.SWAPNA JOSHI,  JJ.

DATED : 05.08.2016

O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.)

Rule. Rule made returnable forthwith. The writ petition is

heard finally, as the notice of final disposal was issued to the

respondents and all the respondents are duly served.

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2. By this writ petition, the petitioner seeks a direction against

the respondent-Scrutiny Committee to decide the caste claim of the

petitioner within a time frame. The petitioner seeks the protection of

her education in the engineering course till her caste claim is decided.

3. Shri V.P.Gangane, the learned Assistant Government Pleader

appearing for the Scrutiny Committee, states on instructions that the

caste claim of the petitioner is pending before the Scrutiny Committee

and the vigilance enquiry is completed. It is stated that the caste claim

would be decided as early as possible.

4. In view of the statement made by the learned Assistant

Government Pleader, we allow the writ petition. The impugned

communication is quashed and set aside. We direct the Scrutiny

Committee to decide the caste claim of the petitioner within ten

months. The petitioner should appear before the Scrutiny Committee

on 08.08.2016, the date fixed by the Scrutiny committee for hearing.

Since the petitioner is not at fault in not producing the caste validity

certificate, we protect the education of the petitioner, till her caste

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

order as to costs.

                                   JUDGE                                            JUDGE 
     KHUNTE





                                          3/3                   0508WP4217.16-Judgment




                                                                                   
                                   C E R T I F I C A T E




                                                           

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