Roshan S/O. Ashok Nimje vs State Of Maha. Dept. Of Tribal ...
2016 Latest Caselaw 1065 Bom

                                                 1/2                      3103wp1960.16-Judgment




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




                                                                    
                          WRIT PETITION NO.  1960   OF    2016

     PETITIONER :-                        Roshan   Ashok   Nimje,   aged   22   years,   occ. 
                                          Student,   R/o   Shivaji   Nagar,   Warud, 
                                          Tq.Warud, Dist. Amravati.                      




                                                                   
                                             ...VERSUS... 

     RESPONDENTS :-                  1) State of Maharashtra, Through its Secretary, 




                                                   
                                        Department   of   Tribal   Welfare,   Mantralaya, 
                               ig       Mumbai-32. 
                                     2) Caste   Scrutiny   Committee   (Scheduled 
                                        Tribe),   Amravati   Divisino,   Amravati, 
                                        Through its Members. 
                             
                                     3) Professor   Ram   Meghe   Institute   of 
                                        Technology   and   Research,   Amravati,   Tq.& 
                                        Dist. Amravati, Through Its Principal.
                                     4) Sant   Gadgebaba   Amravati   University 
      


                                        Amravati,   through   it's   Registrar,   Near 
                                        Tapovan, Amravati. 
   



     ---------------------------------------------------------------------------------------------------
                 Mr. R.J.Mirza, Mr. P. P. Moon, counsel for the petitioner.
      Mr. P. S. Tembhare, Asstt.Govt.Pleader for the respondent Nos.1 and 2. 





                      Mr. J.B.Kasat, counsel for the respondent No.3.
     ---------------------------------------------------------------------------------------------------

                                               CORAM : SMT. VASANTI A. NAIK &
                                                       V. M.DESHPANDE, JJ.

DATED : 31.03.2016

O R A L J U D G M E N T (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.

2/2 3103wp1960.16-Judgment

2. By this petition, the petitioner has sought a direction to

the respondent-Scrutiny Committee to decide the caste claim of the

petitioner within a time frame. The petitioner has sought the protection

of his education till his caste claim is decided.

3. Shri Tembhare, the learned Assistant Government Pleader

appearing on behalf of the respondent-Scrutiny Committee, 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.

4. In view of the statement made by the learned Assistant

Government Pleader, we allow this writ petition. The respondent-

Scrutiny Committee is directed to decide the caste claim of the

petitioner within a period of fifteen months. The education of the

petitioner is protected till his caste claim is decided. That would mean

that the petitioner should be permitted to prosecute his studies, appear

at the examination and the results of the petitioner should be declared

till his caste claim is decided, 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 

     KHUNTE