Bombay High Court
Shubham Subhash Jamadar vs The State Of Maharashtra And ... on 21 July, 2016
Bench: R.M. Borde
WP 7254/16
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.7254/2016
Shubham s/o Subhash Jamadar,
age 19 yrs., occu.student,
r/o D.C.C.Bank Colony, Umarga,
Tq.Imarga Dist.Osmanabad.
...Petitioner..
Versus
1] ig The State of Maharashtra,
through its Secretary,
Department of Tribal Development,
Mantralaya, Mumbai.
2] The Scheduled Tribe Caste Scrutiny
Committee, Aurangabad Division,
Aurangabad.
3]
The Principal,
Cusrow Wadia Institute of Technology,
Pune - 411 001.
...Respondents...
.....
Shri A.S. Bayas, Advocate for petitioner.
Shri V.M. Kagne, AGP for respondent nos.1 & 2.
Shri Avinash S. Deshmukh, Advocate for respondent no.3.
.....
CORAM: R.M. BORDE &
K.L. WADANE, JJ.
DATE: 21.07.2016
ORAL JUDGMENT (Per Borde, J.):
1] Heard learned counsel for the parties. Rule.
Rule made returnable forthwith and with the consent of
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learned counsel for the parties, the petition is taken
for final hearing at the stage of admission.
2] The petitioner claims to belong to Koli Mahadev
- scheduled tribe. The tribe certificate received by the
petitioner from the competent authority is referred for
verification to the scrutiny committee in the year 2013,
however, the proposal for verification of the tribe
certificate is stated to be pending.
3] The petitioner was admitted to the Diploma in
Engineering course with the respondent no.3 - institute
and now has completed the diploma course and is desirous
of seeking admission to engineering degree course. As a
result of failure of the petitioner to produce tribe
validation certificate, the respondent no.3 - college has
refused to handover the original documents and refused to
declare the result of the final year diploma course.
4] The petitioner contends that his father is possessed
of tribe validation certificate issued by the scrutiny
committee and in all probabilities, the tribe validation
claim of the petitioner is likely to succeed.
5] The petitioner informs that his father is suffering
from cancer and is in need of finances for extending him
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treatment and as such does not have financial ability to
pay the requisite fees to the college.
6] In the facts and circumstances of the present case,
we direct the respondent no.2 - committee to take
decision on the tribe certificate verification claim of
the petitioner pending with it as expeditiously as
possible and preferably within a period of two months
from today. The respondent no.o2 - committee, while
dealing with the matter, shall have due regard to the
decision of Division Bench of this Court in the matter of
Apoorva d/o Vinay Nichale v. Divisional Caste
Certificate Scrutiny Committee No.1, Nagpur & others
reported at 2010 (6) Mh.L.J., 401.
7] On receipt of the tribe validation certificate, the
petitioner shall produce the same to the respondent no.3
- college. The college will in turn claim the
reimbursement of fees from the concerned Department of
the State Government. The State Government shall
reimburse the fees of the petitioner within a period of
six months from the date of submission of the information
/ proposal by the college, on fulfillment of the
requirement of production of the tribe validation
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certificate by the petitioner directly to the college.
The respondent no.3 - college shall declare the result of
the petitioner of diploma in engineering course and shall
also handover the original documents as required by the
petitioner for facilitating him to secure admission to
engineering degree course.
8] With the directions as above, writ petition is
disposed of. Rule is made absolute in above terms.
There shall be no order as to costs.
9] Authenticated copy of the judgment is allowed to the
parties. The parties to act upon authenticated copy of
the judgment.
(K.L. WADANE, J.) (R.M. BORDE, J.)
ndk/c2171610.doc
