Ku. Nmita D/O Gurudeo Dadmal vs The Schedule Tribe Cer.Scrutiny ...
2016 Latest Caselaw 5918 Bom

     0710WP5669.15-Judgment                                                                         1/3


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                              
                            NAGPUR BENCH, NAGPUR.




                                                                    
                          WRIT PETITION NO. 5669    OF    2015

     PETITIONER :-                        Ku.   Namita   D/o   Gurudeo   Dadmal,   Aged
                                          about   19   yrs.,   Occ.-   Student,   R/o   Plot




                                                                   
                                          No.145-B, Dubey Nagar, Hudkeshwar Road,
                                          Nagpur-34. 

                                             ...VERSUS... 




                                                   
     RESPONDENTS :-                 1) The   Scheduled   Tribe   Certificate   Scrutiny
                                       Committee,   Nagpur,   Division   Nagpur,
                               ig      Adivasi Vikas Bhavan, Third Floor, Giripeth,
                                       Amravati   Road,   Nagpur,   Through   its   Joint
                                       Commissioner. 
                             
                                    2) The   Director   of   Technical   Education
                                       Maharashtra   State   Mumbai,   3,   Mahapalika
                                       Marga   Eliphiston   Technical   High   School
                                       Campus, Mumbai.
      


                                    3) The Principal, Yeshwantrao Chavan College
                                       of Engineering, Hingna Road, Wanadongari,
   



                                       Nagpur - 10. 

                                    4) Rashtra   Sant   Tukdoji   Maharaj   Nagar
                                       University,   Nagpur,   Through   its   Registrar





                                       Examination. 

     ---------------------------------------------------------------------------------------------------
                          Mr.S. D. Malke, counsel for the petitioner.
        Mr. I.J. Damle, Asstt. Govt.Pleader for the respondent Nos.1 and 2. 





                    Mr. P. D. Meghe, counsel for the respondent No.3. 
                     Mr. P. B. Patil, counsel for the respondent No.4. 
     ---------------------------------------------------------------------------------------------------

                                            CORAM : SMT. VASANTI    A    NAIK & 
                                                        KUM. INDIRA JAIN,   JJ.

DATED : 07.10.2016

0710WP5669.15-Judgment 2/3

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

2. By this writ petition, the petitioner seeks a direction

against the respondent No.1-Scrutiny Committee to decide the caste

claim of the petitioner within a time frame. The petitioner seeks a

direction against the respondent No.3-College and the respondent No.4-

University to protect the education of the petitioner, till her caste claim

is decided.

3. According to the petitioner, the petitioner belongs to Mana

Scheduled Tribe and though the caste claim of the petitioner is referred

to the Scrutiny Committee for verification, the Scrutiny Committee has

not decided the same. It is stated that the petitioner is admitted in the

Electronic Engineering Course in the respondent No.3-College and the

College has threatened to cancel the admission of the petitioner in the

absence of the caste validity certificate.

4. Shri Damle, the learned Assistant Government Pleader

appearing on behalf of the Scrutiny Committee, states on instructions

that the caste claim of the petitioner is pending and the same would be

decided as early as possible.

0710WP5669.15-Judgment 3/3

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

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

we allow the writ petition. The respondent No.1-Scrutiny Committee is

directed to decide the caste claim of the petitioner within eighteen

months. The respondent Nos.3 and 4 are directed to protect the

education of the petitioner till her caste claim is decided, only if the

petitioner furnishes an undertaking to the respondent No.3 and in this

Court within four weeks that in case the petitioner fails to prove her

caste claim, she would pay the fees that are liable to be paid by an open

category student. Rule is made absolute in the aforesaid terms with no

order as to costs.

                                     JUDGE                                  JUDGE 
      


     KHUNTE