Sourabh Vishnu Thakur vs The State Of Maharashtra And Anr
2021 Latest Caselaw 11932 Bom

                                                                           35.wp.4089.21.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO. 4089 OF 2021


   Sourabh Vishnu Thakur                        ...     Petitioner
             Versus
   State of Maharashtra & Anr.                ...       Respondents
                                          .........


   Mr. R.K. Mendadkar for the Petitioner.
   Ms. P.J. Gavhane, A.G.P. for the State- Respondent Nos.1 and 2.
                                     .........


                                         CORAM        : R.D. DHANUKA &
                                                        R.I. CHAGLA, JJ.

                                         DATE         : 26th AUGUST, 2021.
                                                        (V.C.)
   P.C. :-

   1                  Rule. Learned A.G.P. waives service for the Respondents.

The Petition is heard finally by consent of parties.

2 By this Petition filed under Article 226 of the Constitution

of India, the Petitioner is seeking direction against Respondent No.2-

scrutiny Committee to decide the application dated 23.10.2020 filed

by the Petitioner for grant of Caste Validity Certificate as expeditiously

as possible and in any event, positively before 31.08.2021, in

accordance with law and in the light of the judgment of this Court in

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the case of Sneha Vishnu Thakar vs. State of Maharashtra and Ors.

decided on 15.06.2018 in Writ Petition No.5824 of 2018, filed by the

real elder sister of the Petitioner.

3 The learned Counsel appearing for the Petitioner states

that although the Petitioner had made an application for grant of

Caste validity certificate on 23.10.2020, the Respondent No.2 Scrutiny

Committee has not decided the application. The learned Counsel for

the Petitioner further states that pursuant to the Petitioner's

application for grant of Caste validity certificate, the Vigilance Cell has

filed its report on 16.03.2021 to which the Petitioner filed reply on

21.04.2021 and pointed out the merits of his case.

4 The learned Counsel for the Petitioner submits that as the

Petitioner has filed application for the NEET examination UG-2021,

the Caste Validity certificate is required for securing admission in

Medical Degree Course. He has, therefore, submitted that the

Respondent-Scrutiny Committee be directed to decide the application

for Caste Validity Certificate of the Petitioner as expeditiously as

possible.

5 The learned A.G.P. appearing for the Respondents states

that Respondent No. 2- Scrutiny Committee requires some time to

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35.wp.4089.21.doc

decide the application for Caste Validity Certificate of the Petitioner.

6 In view of the urgency expressed by the Petitioner who

has filed application for NEET examination UG-2021 and would

require Caste Validity Certificate for the purpose of securing admission

in the Medical Degree Course, it would be necessary for the

Respondent- Scrutiny Committee to decide the application for Caste

Validity Certificate of the Petitioner expeditiously. Hence, we pass the

following order :

i) The Respondent- Scrutiny Committee is directed to

decide the application for Caste Validity Certificate of the

Petitioner within a period of three weeks from today.

ii) The decision taken by the Respondent- Scrutiny

Committee shall be communicated to the Petitioner within

a period of one week thereafter.

                    iii)        Rule is made absolute in above terms.


                    iv)         Writ Petition is disposed of accordingly.


                    v)          There shall be no order as to costs.



         ( R.I. CHAGLA, J. )                                ( R.D. DHANUKA, J. )

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