Bombay High Court
Rashmi D/O. Bhupendra Ingle vs The Dean, Govt. Dental College, ... on 30 August, 2016
Bench: V.A. Naik
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.6232/2015
PETITIONER: Rashmi d/o Bhupendra Ingle
Aged about 19 years, Occ. Student,
R/o Bobde Colony, Khamgaon, Distt. Buldhana.
...VERSUS...
RESPONDENTS : 1. The Dean, Government Dental College,
Nagpur.
ig 2. The Registrar/Vice-Chancellor,
Maharashtra University of Health Sciences,
Mhasrul Road, Nasik.
3. The Scheduled Tribe Caste Certificate
Scrutiny Committee, Irvin Chowk, Amravati,
through its Chairman.
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Shri R.P. Masurkar, Advocate for petitioner
Shri I.J. Damle, AGP for respondent nos.1 and 3
Shri Arun Agrawal, Advocate for respondent no.2
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CORAM : SMT. VASANTI A NAIK, AND
KUM. INDIRA JAIN, JJ.
DATE : 30.08.2016
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 against
the respondent no.3 - Scrutiny Committee to decide the caste claim of the
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petitioner at the earliest. The petitioner also seeks a direction against the
respondent nos.1 and 2 to protect the education of the petitioner till her
caste claim is decided. It is stated on behalf of the petitioner that though
the caste claim of the petitioner is pending before the Scrutiny Committee
since long, the Scrutiny Committee has not decided the same till date. It is
stated that the respondent nos.1 and 2 may threaten to disturb or cancel
the admission of the petitioner for not producing the caste validity
certificate. It is stated that the petitioner is not at fault in not producing
the caste validity certificate and hence, a direction may be issued against
the respondent nos.1 and 2 to protect the education of the petitioner, till
her caste claim is decided.
Shri Damle, the learned Assistant Government Pleader
appearing on behalf of the Scrutiny Committee states, on instructions
from the Committee, that the caste claim of the petitioner is pending. It is
stated that the caste claim would be decided as early as possible.
In view of the statement made by the learned Assistant
Government Pleader, we allow the writ petition. The Scrutiny Committee
is directed to decide the caste claim of the petitioner within one year.
Since the petitioner was not at fault in not producing the caste validity
certificate, we direct the respondent nos.1 and 2 to protect the education
of the petitioner, till her caste claim is decided. This would mean that the
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petitioner should be permitted to pursue her studies, appear at the
examination and her results should be declared, if there is no other
impediment in doing so.
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
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C E R T I F I C A T E
I certify that this judgment uploaded is a true and correct
copy of original signed judgment.
Uploaded by : S.S. Wadkar, P.S. Uploaded on : 31/08/2016
