Pawan S/O Suresh Nannaware vs The Schedule Tribe Certificate ...
2016 Latest Caselaw 5822 Bom

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




                                                                    
                                     WRIT PETITION NO.372/2015

         PETITIONER:                Pawan s/o Suresh Nannaware




                                                                   
                                    Aged about 19 years, Occ. Student, 
                                    R/o Villgae Doma, Tq. Chimur
                                    District : Chandrapur. 

                                                       ...VERSUS...




                                                   
         RESPONDENTS :     1.  The Scheduled Tribe Certificate 
                             
                                Scrutiny Committee Gadchiroli Division, 
                                Nagpur Adivasi Vikas Bhavan, 
                                Third Floor, Giripeth, Amravati Road, 
                            
                                Nagpur through its Joint Commissioner. 

                                    2.  The Director of Technical Education 
                                         Maharashtra State, Mumbai 3, Mahapalika 
                                         Marg Eliphiston Technical High School,
      

                                         Campus, Mumbai.
   



                                     3.  Institute of Chemical Technology 
                                          Nathalal Parekha Marg, Matunga
                                          Mumbai - 400019 through its Registrar.
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                           Shri S.D. Malke, Advocate for petitioner 
                           Shri Amit Chutke, AGP for respondent nos.1 and 2
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                                                      CORAM  :  SMT. VASANTI   A   NAIK, AND
                                                                        KUM. INDIRA JAIN, JJ.

DATE : 03.10.2016

ORAL JUDGMENT (PER : SMT. VASANTI A NAIK, J.)

Rule. Rule made returnable forthwith. The writ petition is

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

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By this writ petition, the petitioner seeks a direction against

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

petitioner within a time frame. The petitioner seeks a direction restraining

the respondent - Institution from cancelling the admission of the

petitioner in the Chemical Engineering Course, till his caste claim is

decided.

Shri Malke, the learned Counsel for the petitioner states that

the caste claim of the petitioner is pending with the Scrutiny Committee

for long and though the same is not decided, the respondent - Institution

is contemplating action against the petitioner for the cancellation of his

admission.

Shri Chutke, the learned Assistant Government Pleader

appearing on behalf of the Scrutiny Committee states, on instructions,

that the caste claim of the petitioner is pending before the Committee and

the same would be decided within eighteen months. It is stated that since

the petitioner has availed the benefits, that are meant for the Scheduled

Tribes, the petitioner may be directed to furnish an undertaking to the

College authority and in this Court that if the petitioner fails in

establishing his caste claim, he would be liable to pay the fees that are

liable to be paid by an open category student.

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Shri Malke, the learned Counsel for the petitioner states that

the petitioner is ready to furnish an undertaking, as desired, within four

weeks.

In view of the statement made by the learned Assistant

Government Pleader that the caste claim of the petitioner is pending and

the same would be decided within a time frame, we allow this writ

petition. The respondent - Scrutiny Committee should positively decide

the caste claim of the petitioner, within eighteen months. The education

of the petitioner in the Chemical Engineering Course is protected, till his

caste claim is decided, on the condition that the petitioner furnishes an

undertaking in this Court and in the respondent no.3 - College that the

petitioner would pay the fees, that are liable to be paid by an open

category student, if the petitioner fails to establish his caste claim, within

four weeks.

Rule is made absolute in the aforesaid terms with no order

as to costs.

                          JUDGE                                                          JUDGE




         Wadkar





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                                         C E R T I F I C A T E




                                                        

I certify that this judgment uploaded is a true and correct

copy of original signed judgment.

Uploaded by : S.S. Wadkar, P.S. Uploaded on : 04/10/2016