Dineshkumar S/O Dilipkumar ... vs The State Of Maharashtra Through ...
2016 Latest Caselaw 5343 Bom

                                   1                  wp2897.14.odt




                                                                    
                                            
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,




                                           
                              NAGPUR BENCH, NAGPUR




                                      
                       WRIT PETITION NO.2897 OF 2014
                             
                            
      Dineshkumar s/o. Dilipkumar Sandekar,
      Aged about 20 years, Occ. Student,
      r/o. At Post Parsodi, Tq.Sakoli,
      Distt. Bhandara.                 ..........      PETITIONER
      
   



              // VERSUS //





      1. The State of Maharashtra,
         Through its Secretary,
         Education Department,
         Mantralaya,
         Mumbai-32.





      2. Tribal Development Department,
         Through its Secretary,
         Mantralaya,
         Mumbai-32.




    ::: Uploaded on - 19/09/2016            ::: Downloaded on - 20/09/2016 00:35:40 :::
                                    2                     wp2897.14.odt

      3. The Regisrar,
         Dr.Babasaheb Ambedkar




                                                                       
         Technology University,
         Lonere, Tq. Mangaon,




                                               
         Distt. Raigad.

      4. The Dean,
         Dr.Babasaheb Ambedkar
         Technology University,




                                              
         Lonere, Tq. Mangaon,
         Distt. Raigad.

      5. Scheduled Tribe Certificate




                                      
         Scrutiny Committee, Nagpur,
         Through its Chairman,ig
         Committee for Scheduled Tribe
         Claims, Office at First Floor,
         Giripeth, in front of R.T.O.,
                            
         Nagpur.                       ..........          RESPONDENTS

      ____________________________________________________________
                Mr.P.P.Dhok, Adv. for the Petitioner.
         Mr.D.P.Thakare, A.G.P. for Respondent Nos. 1 and 2.
      


      ____________________________________________________________
   



                                   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.

3 wp2897.14.odt

2. The petitioner has approached this Court since

his claim for grant of Validity Certificate in respect of his

caste i.e. 'Mana' Scheduled Tribe is pending before the

Scrutiny Committee and he is apprehending that his

admission for the Electronics and Telecommunication

Course in the College would be adversely affected.

3. We have observed time and again that it is not in

the hands of the candidates to know as to within how much

time the concerned Scrutiny Committee shall decide their

caste claim. In that view of the matter, we are inclined to

pass the following order.

4. Respondent no.5/Caste Scrutiny Committee shall

decide the claim of the petitioner as expeditiously as

possible and preferably within a period of six months from

today.

5. It is made clear that, till the decision is taken by

respondent no.5/Scrutiny Committee regarding petitioner's

caste claim, Respondent nos. 3 and 4 shall not disturb

4 wp2897.14.odt

admission of the petitioner and shall permit him to

continue his studies. It is further made clear that, if, in the

event, in the intervening period, any examination is held,

the petitioner shall be permitted to appear in the said

examination and his result be declared and further if he

clears that examination, admit him for further terms. In the

event, the order passed by respondent no.5 is adverse to

the petitioner, it shall not be given effect to for the period

of two weeks.

6. Rule is made absolute in the above terms. No

order as to costs.

                       JUDGE                                 JUDGE





      [jaiswal]






                                    5                    wp2897.14.odt




                                                                      
                                              
                                             
                                      
                             
                            
      


                                       CERTIFICATE
   

I certify that this Judgment uploaded is a true and correct copy of original signed Judgment.

Uploaded by : Jaiswal, P.S. Uploaded on : 19.9.2016.