Atharav Rajendra Koli vs Scheduled Tribe Certificate ...
2021 Latest Caselaw 2006 Bom

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                                                             W.P.14979-2019

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                          BENCH AT AURANGABAD

                         WRIT PETITION NO. 14979 OF 2019

Atharv Rajendra Koli                                             .. Petitioner

        Versus

Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad
through its Member Secretary and ors.                            .. Respondents

Mr S.S. Phatale, Advocate for petitioner
Mr P.S Patil, Addl.G.P. for respondent no.1
Mr M.N. Navandar, Advocate for respondent no.2
Mr B.B. Yenge, Advocate for respondent no.3 - absent

                                  CORAM : S.V. GANGAPURWALA AND
                                         SHRIKANT D. KULKARNI, JJ.

DATE : 30th January 2021

PER COURT :

1. The petitioner is challenging the letter cancelling the admission of the

petitioner on the ground that petitioner has not submitted the validity

certificate.

2. This Court, under order dated 11.12.2019 had directed the

respondents no.2 and 3 that if the petitioner is otherwise eligible, then they

shall not refrain the petitioner from appearing for the examination.

2. Learned A.G.P., on instructions submits that the petitioner was issued

notice along with the vigilance report for appearing on 9.8.2018. The

petitioner sent a letter that the matter be decided as per the convenience of

the Committee. The say to the vigilance report was also not filed.

3. The learned A.G.P. informs that the next date of hearing is 2.2.2021.

4. Mr Phatale, learned Counsel for the petitioner assures the Court that

the petitioner will remain present on the next date of hearing.

W.P.14979-2019

5. Mr Phatale submits that the examination of the petitioner of third year

is from 3.2.2021 till 15.2.2021. The petitioner would thereafter immediately

appear before the Committee and file his say and co-operate in expeditious

disposal of the proceeding.

6. We accept the said statement as an undertaking to the Court. In light

of that, we pass the following order:

7. The petitioner shall appear before the Committee on 18.2.2021. Within

seven days of appearing before the Committee, the petitioner shall file his

say to the vigilance report and the Committee shall thereafter decide the

proceeding within six weeks.

8. If the petitioner does not co-operate in hearing the matter, the

Committee shall proceed further.

9. The impugned letter cancelling the admission of the petitioner is

quashed and set aside.

10. The respondents no.2 and 3 may take further course of action

depending upon the judgment that would be delivered by the Committee in

the validation proceeding.

11. Writ Petition disposed of. No costs.

( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.)

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