Bombay High Court
Shirish Vithal Narnaware vs State Of Maha., Through ... on 8 December, 2016
Bench: V.A. Naik
wp6075.16.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.6075/2016
PETITIONER: Shirish Vithal Narnaware
Aged about 24 years, Occu. Student,
R/o Bangar Nagar, Yavatmal,
District - Yavatmal.
...VERSUS...
RESPONDENTS : 1. State of Maharashtra, through its
Secretary, Department of Higher and
Technical Education, Mantralaya,
Mumbai - 400 032.
2. The Scheduled Tribe Caste Scrutiny
Committee, Irvin Chowk, Amravati,
District : Amravti, through its
Assistant Commissioner.
3. Principal, Yashwantrao Chavan College of
Engineering, Hingna Road, Wanadongri,
Nagpur, District - Nagpur.
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Shri A.M. Kukday, Advocate for petitioner
Shri A.A. Madiwale, AGP for respondent nos.1 and 2
Ms Aarti Singh, Adv. h/f Shri P.D. Meghe, Adv. for respondent no.3
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CORAM : SMT. VASANTI A NAIK, AND
MRS. SWAPNA JOSHI, JJ.
DATE : 08.12.2016
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.
wp6075.16.odt
By this 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 further seeks a direction
against the respondent no.3 to hand over the necessary documents
including the degree certificate, transfer certificate etc. to the petitioner,
at the earliest
Shri Kukday, the learned Counsel for the petitioner states
that the caste claim of the petitioner is pending before the Scrutiny
Committee and though the petitioner is not at fault in not producing the
caste validity certificate, the respondent no.3 is not declaring the result of
the petitioner and is also not handing over the degree certificate, transfer
certificate and the other documents to the petitioner.
Shri Madiwale, the learned Assistant Government Pleader
appearing for the respondent - Scrutiny Committee states that the caste
claim of the petitioner is pending before the Scrutiny Committee and the
same would be decided at the earliest.
The learned Counsel for the respondent no.3 states that the
result of the petitioner could be declared and the documents could be
returned, if the petitioner clears all the dues, if they are not cleared till
date and pays the fees that are liable to be paid by the regular students, if
it they not paid.
wp6075.16.odt
In view of the statements made by the learned Counsel for
the parties, we allow the writ petition. The respondent - Scrutiny
Committee is directed to decide the caste claim of the petitioner within
fifteen months. The respondent no.3 is directed to hand over the
provisional degree certificate, mark-sheet, transfer certificate and all other
documents of the petitioner, if the petitioner clears all the dues, if they
are not yet cleared. ig
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
