Ku. Prachi D/O Sambhaji Gaykawad vs The Schedule Tribe Certificate ...
2016 Latest Caselaw 4982 Bom

    WP 2160/15                                             1                             Judgment

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




                                                                                             
                            WRIT PETITION No. 2160/2015
    Ku. Prachi d/o Sambhaji Gaykawad,




                                                                     
    Aged about 18 yrs., Occ.-Student,
    R/o Plot No. 31, Dubey Nagar E,
    Hudkeswar Road, Nagpur.                                                          PETITIONER
                                        .....VERSUS.....




                                                                    
    1.      The Schedule Tribe Certificate
            Scrutiny Committee, Gadchiroli Division,
            Nagpur Adivasi Vikas Bhavan, Third Floor, 
            Giripeth, Amravati Road, Nagpur.
            Through Its Joint Commissioner.




                                                
    2.      The Director of Technical Education,
            Maharashtra State, Mumbai,
            3, Mahapalika Marg, Elphinston Technical
                              
            High School Campus, Mumbai.
    3.      The Principal,
            Yeshwantrao Chavan College of Engineering,
                             
            Wanadongari, Hingna Road, Nagpur.                                         RESPONDENTS

                            Shri S.D. Malke, counsel for the petitioner.
         Shri P.S. Tembhare, Assistant Government Pleader for the respondent nos.1 and 2.
          Shri Arvind Dubey holding for Shri P.D. Meghe, counsel for the respondent no.3.

                                         CORAM :SMT. VASANTI  A  NAIK AND
      


                                                      KUM. INDIRA  JAIN,   JJ.      

DATE : 25 TH AUGUST, 2016.

ORAL JUDGMENT (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. By this writ petition, the petitioner seeks a direction against

the respondent no.1-Scrutiny Committee to decide the caste claim of the

petitioner, at the earliest. The petitioner seeks a direction against the

respondent no.3 to protect the education of the petitioner till her caste

claim is decided.

WP 2160/15 2 Judgment

3. Shri Tembhare, the learned Assistant Government Pleader

appearing on behalf of the respondent no.1-Scrutiny Committee, states on

instructions from the Committee that the caste claim of the petitioner is

pending and the same would be decided as early as possible.

4. In view of the aforesaid statement, it would be necessary

to allow the writ petition and protect the education of the petitioner as

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

certificate. We allow the writ petition and direct the respondent no.1-

Scrutiny Committee to decide the caste claim of the petitioner within

fifteen months. Since the petitioner was not at fault in not producing the

caste validity certificate, the education of the petitioner is protected till

her caste claim is decided. This would mean that the petitioner should be

permitted to attend the classes, appear at the examination and the result

of the petitioner should be declared till her caste claim is decided.

Rule is made absolute in the aforesaid terms with no order as

to costs.

                  JUDGE                                           JUDGE





    APTE





     WP 2160/15                                          3                          Judgment

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