Bombay High Court
Aniket S/O Hiraji Naranaware ... vs State Of Maharashtra, Through Its ... on 17 October, 2016
Bench: V.A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 1113/2015
Aniket s/o Hiraji Naranaware,
aged 17 years, Occ.-Student,
through his natural guardian
father Hiraji s/o Yadao Narnaware,
aged about 49 years, Occ.-Service,
R/o.-Kadholi, Tah. Kurkheda, Dist. Gadchiroli. PETITIONER
.....VERSUS.....
1] The State of Maharashtra,
through its Secretary,
Health Department,
Mantralaya, Mumbai-32.
2] Maharashtra University of Health Sciences,
Nashik, Wani Road, Mhasrul, Nashik-422 004.
3] The Dean,
B.J. Govt. Medical College, Pune,
Pune Railway Station Road, Pune- 411 001
(Maharashtra State).
4] The Directorate of Medical Education
and Research, Mumbai.
5] Scheduled Tribe Certificate Scrutiny Committee,
Gadchiroli, through its Chairman,
Committee for Scheduled Tribe Claims,
Office at Complex Area,
Near Zilla Parishad Sankul, Gadchiroli,
Tq. and Distt. Gadchiroli. R
ESPONDENTS
Shri P.P. Dhok, Advocate for the petitioner.
Ms Tajwar Khan, Assistant Government Pleader for the respondent nos.3 and 5.
Coram : Smt. Vasanti A Naik &
Kum. Indira Jain, JJ.
Dated : 17
October, 2016.
th
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ORAL JUDGMENT (Per Smt. Vasanti A Naik, J.)
Rule. Rule made returnable forthwith. The Writ Petition is heard
finally as the notice for final disposal was issued to the respondents and all the
respondents are duly served.
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 against the University
and the college to protect the education of the petitioner till his caste claim is
decided.
According to the petitioner, though the petitioner has submitted his
caste claim to the Scrutiny Committee for verification in the year 2013, the
Scrutiny Committee has not decided the caste claim till date. It is stated that
the petitioner is admitted in the Medical College on a seat earmarked for the
Scheduled Tribes and the respondent nos. 2 and 3 i.e. the Health University
and the College have threatened to cancel the admission of the petitioner if
the petitioner fails to produce the caste validity certificate. It is stated that the
direction as aforesaid may be issued against the respondents.
Ms Khan, the learned Assistant Government Pleader appearing for the
Scrutiny Committee and the respondent no.3-College states that the caste
claim of the petitioner is pending before the Scrutiny Committee and the
same would be decided as early as possible. It is stated that the authorities
have accepted the examination form of the petitioner and it would be now for
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the University to accept the same.
It is clear from the statement made by the learned Assistant
Government Pleader that the caste claim of the petitioner is pending before
the Scrutiny Committee and the same would be decided by the Scrutiny
Committee at the earliest. Since the petitioner is not at fault in not producing
the caste validity certificate, the education of the petitioner needs to be
protected till his caste claim is decided.
Hence, for the reasons aforesaid, the Writ Petition is allowed. The
respondent no.5-University is directed to decide the caste claim of the
petitioner as early as possible and positively within one year from the date of
appearance of the petitioner before the Scrutiny Committee. The petitioner
undertakes to appear before the Scrutiny Committee on 26-10-2016 so that
the issuance of notice to the petitioner could be dispensed with. Since the
petitioner is not at fault in not producing the caste validity certificate, the
education of the petitioner is protected till his caste claim is decided. This
would mean that the respondent nos. 2 and 3 should permit the petitioner to
attend the classes, appear at the examination and the result of the petitioner
should be declared if there is no other impediment in doing so. If the
respondent-University has not accepted the examination form of the petitioner
for the second year examination, the University is directed to immediately
accept the same so that the petitioner can appear at the examination.
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Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUD
GE
Deshmukh
