Bombay High Court
Pawan S/O Dnyaneshwar Parihar ... vs The Divisional Caste Certificate ... on 5 July, 2016
Bench: V.A. Naik
wp.3370.16
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO. 3370/2016
Pawan s/o Dnyaneshwar Parihar
Aged abotu 19 years, occu: Nil
R/o Hariom Nagar, Ward No.24,
Chikhli,Tah. Chikhli,Dist.Buldana.
Through his father/ natural guardian
Shri Dnyaneshwar s/o Vithoba Parihar
Aged about 50 years, occu; service
R/o R/o Hariom Nagar, Ward No.24,
Chikhli,Tah.Chikhli,Dist.Buldana. ..PETITIONER
v e r s u s
1) The Divisional Caste Certificate Scrutiny
Committee No.2, Akola, Tah. & Dist. Akola
Through its Chairman.
2) D.Y. Patil Engineering College,
Pune, Akurdi, Pune
Through its Principal.
3) Savitribai Fule Pune University
Pune: Through its Registrar. .. ...RESPONDENTS
...........................................................................................................................
Mr. N.B.Kalwaghe, Advocate for petitioner
Ms.Ritu kalia, Assistant Government Pleader for respondent no.1
............................................................................................................................
CORAM: SMT. VASANTI A. NAIK &
MRS. SWAPNA JOSHI, JJ
.
DATED : 5 July, 2016
th
ORAL JUDGMENT: (PER SMT.VASANTI A. NAIK, J.)
Rule. Rule made returnable forthwith. The Writ Petition is
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heard finally at the stage of admission, as a notice of final disposal was issued
on 20th June, 2016 and all the respondents are duly served.
By this Petition, the petitioner seeks a direction to the
respondent-Scrutiny Committee, to decide the caste claim of the petitioner, as
early as possible. The petitioner seeks a direction against the respondent nos.
2 and 3 to protect the education of the petitioner till his caste claim is
decided.
Ms.Ritu Kalia, the learned Assistant Government Pleader
appearing for the respondent no.1 states on instructions, that the caste claim
of the petitioner is pending before the Scrutiny Committee and the same
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 a period of one year,
from the date of appearance of the petitioner before the Scrutiny Committee.
The petitioner undertakes to appear before the Scrutiny Committee on 1st
August, 2016. Since the petitioner is not at fault in not producing the caste
validity certificatse, the education of the petitioner is protected till his caste
claim is decided. This would mean that the petitioner should be permitted to
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attend the classes, appear at the examinations and the result of the petitioner
should be declared till his caste claim is decided.
Rule is made absolute in the aforesaid terms, with no order as to
costs.
JUDGE JUDGE
sahare
