Yashodip S/O Narayan Dadmal vs The Principal, Jagdamba ...
2016 Latest Caselaw 35 Bom

                                                                                            wp5112.15.odt

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




                                                                    
                                     WRIT PETITION NO.5112/2015

         PETITIONER:                Yashodip s/o Narayan Dadmal




                                                                   
                                    Aged about 18 years, Occ. Student, 
                                    R/o Bothali, Wangaon, 
                                    Tah. Chimur, Distt. Chandrapur.

                                                       ...VERSUS...




                                                   
         RESPONDENTS:         ig    1.  The Principal, Jagdamba Bahuuddeshiya 
                                         Gramin Vikas Sanstha, Jagdamba 
                                         College of Engineering & Technology, 
                                         Yavatmal. 
                            
                                    2.  The Registrar, 
                                         Sant Gadge Baba University, Amravati, 
                                         Distt. Amravati. 
      

                                    3.  The Scheduled Tribe Caste Certificate 
                                         Scrutiny Committee, Gadchiroli, through 
   



                                         its Vice-Chairman/Secretary. 

                                    4.  The Secretary, Tribal & Social Welfare
                                         Department, Mantralaya, Mumbai - 32. 





         -----------------------------------------------------------------------------------------------------
                           Shri R.P. Masurkar, Advocate for petitioner
                           Shri Anand Deshpande, Advocate for respondent no.1
                           Shri P.S. Tembhare, AGP for respondent nos.3 and 4
         -----------------------------------------------------------------------------------------------------





                                                         CORAM  :  SMT. VASANTI A. NAIK, AND
                                                                           A.S. CHANDURKAR, JJ.

DATE : 24.02.2016

ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)

1. Rule. Rule made returnable forthwith. The petition is heard

finally with the consent of the learned Counsel for the parties.

wp5112.15.odt

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

issued to the respondent no.3 - Scrutiny Committee to decide the caste

claim of the petitioner expeditiously. It is the case of the petitioner that he

belongs to 'Mana' Scheduled Tribe and he is pursuing his education at the

respondent no.1 - College. According to him, his caste claim has been

forwarded by the respondent no.1 - College to the respondent no.3 -

Scrutiny Committee. The same is, however, not yet decided.

3. Shri P.S. Tembhare, learned Assistant Government Pleader

for the respondent no.3 - Scrutiny Committee, on instructions, states that

the caste claim of the petitioner is pending and same shall be decided in

accordance with law.

4. Accordingly, the writ petition is disposed of by directing the

respondent no.3 - Scrutiny Committee to decide the caste claim of the

petitioner within a period of eight months from the date of appearance of

the petitioner before it.

5. The petitioner shall appear before the Scrutiny Committee

on 16.03.2016. The education of the petitioner shall remain protected till

the caste claim is decided.

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

                                 JUDGE                                                    JUDGE
         Wadkar