Shubham S/O Laxman Suradkar vs The Divisional Caste Certificate ...
2016 Latest Caselaw 6737 Bom

     WP 5046.16 (J).odt                             1

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                    
                                   NAGPUR BENCH : NAGPUR
                              WRIT PETITION NO.5046 OF 2016




                                                            
     Shubham s/o Laxman Suradkar,
     Aged about 18 years,
     Occupation-Nil,




                                                           
     R/o. Pundlik Nagar, Ward No.16,
     Chikhli, Tahsil-Chikhli,
     District-Buldhana.                                      ..             Petitioner 




                                                  
                                    .. Versus ..

     1]     The Divisional Caste Certificate Scrutiny 
                             
            Committee No.2, Akola, Tahsil and
            District-Akola, through its Chairman.
                            
     2]     Anuradha College of Pharmacy Chikhli,
            Anuradha Nagar, Sakegaon Road, Chikhli,
            Tah. Chikhli, District-Buldhana, through
            its Principal.
      

     3]     Sant Gadgebaba Amravati University,
            Amravati, through its Registrar.                 ..             Respondents
   



                            ..........
     Shri N.B. Kalwaghe, counsel for the petitioner,
     Mrs. G.R. Tiwari, AGP for respondent no.1,





     None for respondent nos.2 and 3 though served.
                            ..........

                                    CORAM :  SMT. VASANTI  A  NAIK  AND
                                             MRS. SWAPNA JOSHI, JJ.

DATED : NOVEMBER 28, 2016.

ORAL JUDGMENT : (Per : MRS. SWAPNA JOSHI, 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.

By this writ petition, the petitioner seeks a direction to the

respondent no.1-Scrutiny Committee, Akola to decide the caste claim of the

petitioner as early as possible and for protecting the education of the

petitioner, till his caste claim is decided.

The brief facts of the case are that the petitioner claims to belongs

to Rajput Bhamta caste which is recognized as Vimukta Jati (A) by the State

Government and is placed at Sr.No.10 in the list of De-notified Tribes

(Vimukta Jati). The petitioner was intending to take admission in pharmacy

course from the reserved category. The caste claim of the petitioner was

forwarded to the scrutiny committee through the college. According to the

petitioner, the caste claim of the petitioner is pending with the respondent

no.1-Scrutiny Committee since 20.12.2014. The petitioner states that he had

taken admission in pharmacy course in respondent no.2-college on a seat

reserved for the Vimukta Jati (A) category for the academic year 2015-16 and

he is required to submit his caste validity certificate in the college. The

petitioner has not been admitted further in the second year for want of caste

validity certificate. It is informed to the petitioner that his education will be

discontinued for want of caste validity certificate.

Mrs. Tiwari, the learned Assistant Government Pleader appearing

on behalf of the respondent no.1-Scrutiny Committee, makes a statement, on

instructions, that the caste claim of the petitioner is pending before the

Scrutiny Committee and the same would be decided within fifteen months.

Since the caste claim of the petitioner is still pending, the

education of the petitioner needs to be protected. In view of the statement

made by the learned Assistant Government Pleader, we allow the writ petition

with a direction to the Scrutiny Committee to decide the caste claim of the

petitioner within fifteen months. The respondent no.2-college and the

respondent no.3-University are directed to protect the education of the

petitioner, till his caste claim is decided. This would mean that the petitioner

should be admitted to the classes, permitted to appear at the examination and

result of the petitioner should be declared, if there is no impediment in doing

so, till his caste claim is decided. Rule is made absolute in the aforesaid terms

with no order as to costs.

                                      JUDGE                                              JUDGE
   



     Gulande, PA