Ku. Pallavi Prakashrao Pawar vs Mahatma Gandhi Institute Of ...
2016 Latest Caselaw 5339 Bom

        wp5170.16                            1




                                                                             
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                     
                           NAGPUR BENCH, NAGPUR


                             WRIT PETITION NO.5170 OF 2016.




                                                    
       PETITIONER:             Ku.Pallavi Prakashrao Pawar, 
                                  aged about 19 years, Occu: Student,




                                        
                                  R/o Karanja (Lad), Distt.Washim.
                             
                                         : VERSUS :

       RESPONDENTS: 1.   Mahatma Gandhi Institute of Medical
                            
                        Sciences, Sevagram Wardha, through its
                        Dean.

                                  2.  The Scheduled Scrutiny Committee,
      


                                      Amravati, through its member Secretary
                                      Chaprasipura, Amravati.
   



                                 3. The Maharashtra University of Health 
                                    Sciences, Wani Road, Nashik 422 003 through





                                    its Registrar.

       -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
       Mr.R.S.Parsodkar,  Advocate for the petitioner.
       Ms.T.H.Udeshi, Assistant Govt.Pleader for respondent no. 2.





       Mr.A.S.Manohar, Advocate for respondent no.1.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

                                      CORAM:      B.R.GAVAI AND 
                                                             V.M.DESHPANDE, JJ.

                                          DATED:      16th  SEPTEMBER, 2016.










                                                                                
       ORAL JUDGMENT (Per B.R.Gavai, J.) 




                                                        
       1.             Rule.     Rule   is   made   returnable   forthwith.     Heard   by




                                                       

consent of learned counsel for both the parties.

2. The petitioner has approached this Court being

aggrieved by denial of admission to the petitioner against the seat

reserved for Scheduled Tribe candidates.

3. The petitioner has a valid certificate certifying that she

belongs to 'Thakur' - Scheduled Tribes. However, the claim of the

petitioner is not yet scrutinized and as such the Caste Validity

Certificate is not yet issued by respondent no.2.

4. The State Government itself has issued a Government

Resolution dated 25th of July, 2016 notifying therein that a

candidate who possesses a certificate certifying a candidate

belonging to Scheduled Tribe should be granted an admission on

such candidate furnishing an undertaking in the prescribed

format.

5. Shri Adwait Manohar, learned counsel appearing on

behalf of respondent no.1, submits that the petitioner is entitled to

be admitted against the quota reserved for Scheduled Tribe

candidates in accordance with the merits in that Category. He

further submits that respondent no.1 has no objection for

admitting the petitioner subject to the petitioner's furnishing an

undertaking in the prescribed formant.

6. Rule is thus made absolute in above said terms.

The petitioner shall submit an undertaking in the

requisite format within a period of one week from today. On

such undertaking being given, the respondent no.1 shall admit the

petitioner against the quota reserved for Scheduled Tribe

candidates.

Needless to state that the admission of the petitioner

shall be subject to grant of validity certificate by respondent no.2

- Caste Certificate Scrutiny Committee. Respondent no.2 -

Committee is directed to decide the caste claim of the petitioner

as expeditiously as possible and preferably within a period of

three months from today.

                                        
                      JUDGE
                              ig                                      JUDGE
                            
       chute
      
   












                                                                            
                                                    
                                                   
                      -CERTIFICATE- 




                                        

I certify that this Order uploaded is a true and

correct copy of original signed order.

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Uploaded on: 19/09/2016.