Bombay High Court
Ku. Dhanvi Sharad More, Through ... vs State Of Maha., Through Its ... on 21 September, 2016
Bench: V.A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 4608/2015
Ku. Dhanvi Sharad More,
Aged about 17 years, Occupation-Student,
through her father,
Shri Sharad Niranjan More,
Aged 51 years, 140, Shahu Nagar,
Besa Road, Nagpur-34. PETITIONER
.....VERSUS.....
1] State of Maharashtra,
through its Secretary,
Department of Social Justice and Empowerment,
Mantralaya, Mumbai.
2] The Association of Managements of
Unaided Private Medical and Dental Colleges,
Maharashtra (AMUPMDC), through its Chairman,
Office : 268/70, Chandresh Bhawan,
Ground Floor, Room No.9,
Shahid Bhagat Singh Road, Fort, Mumbai.
3] The Director of Medical Education and Research,
Mumbai, Office : Govt. Dental College & Hospital Building,
St. George's Hospital Compound, near V.T., Mumbai- 400 001.
4] The Terna Medical College and Hospital,
through its Principal,
Off.: Sector 12, Phase II, Nerul, Mumbai- 400 706.
5] The Maharashtra University of Health Sciences,
through its Registrar,
Off.: Vani- Dindori Road, Mhasrul, Nashik, Maharashtra 422003.
6] The Scheduled Tribe Verification Scrutiny Committee,
Amravati through its Chairman. (Amended as per Court's order
dated 16-09-2016)
R
ESPONDENTS
Shri P.S. Khubalkar, Advocate for the petitioner.
Shri A.S. Fulzele, Additional Government Pleader for the respondent nos.1, 3 and 6.
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Coram : Smt. Vasanti A Naik &
Kum. Indira Jain, JJ.
Dated : 21
September, 2016.
st
ORAL JUDGMENT (Per Smt. Vasanti A Naik, J.)
Rule. Rule made returnable forthwith. The writ Petition is heard
finally as the notice is duly served on the respondents.
By this Writ Petition, the petitioner has sought a direction against the
Scrutiny Committee to decide the caste claim of the petitioner within a time
frame. The petitioner has sought a direction against the respondent
nos. 4 and 5 to protect the education of the petitioner.
According to the petitioner, though the petitioner is admitted on a seat
earmarked for the Scheduled Tribes and 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 although the caste claim is
pending, the respondent nos. 4 and 5 had threatened to cancel the admission
of the petitioner and they have not declared the result of the petitioner,
though the results of the first year M.B.B.S are declared.
Shri Fulzele, the learned Additional Government Pleader appearing on
behalf of the respondent nos.1, 3, and 6 states on instructions from the
Scrutiny Committee that the caste claim of the petitioner is pending and the
same would be decided as early as possible.
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In view of the statement made by the learned Additional Government
Pleader, we allow the Writ Petition. The respondent no.6-Scrutiny Committee
is directed to decide the caste claim of the petitioner within 15 months. The
respondent nos. 4 and 5 are directed to protect the education of the petitioner
till her caste claim is decided. That would mean that the petitioner may be
permitted to attend the classes, appear at the examination and the result of
the petitioner should be declared till her caste claim is decided, if there is no
impediment in doing so.
Rule is made absolute in the aforesaid terms with no order as to costs.
With the disposal of the Writ Petition, the Civil Application stands
disposed of.
JUDGE JUD
GE
Deshmukh
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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 : Uploaded on :
(Deshmukh) 22/09/2016
P.A. to the Hon'ble Judge.
