Bombay High Court
Prerna Dinkar Chaudhari vs Scheduled Tribes Caste ... on 12 October, 2021
Bench: S.B. Shukre, Anil S. Kilor
Judgment 1 wp3212.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 3212 OF 2021
Ku. Prerna Dinkar Chaudhari,
aged about 23 years, Occupation:
Service, R/o. Aditya Apartment,
Ayodhya Nagar, Yavatmal.
.... PETITIONER.
// VERSUS //
1. Scheduled Tribes Caste Certificate
Scrutiny Committee, through its
Member Secretary, Chaprasipura,
Amravati.
2. Walchand College of Engineering,
Vishrambag, Sangli, through its
Principal.
3. Shrivaji University, through its
Registrar, Vidya Nagar, Kolhapur-
416004.
.... RESPONDENTS.
______________________________________________________________
Shri R.S.Parsodkar, Advocate for Petitioner.
Shri N.R.Patil, Advocate for Respondent No.1.
Ms Falguni Badani, Adv. h/f. Ms R.S.Sirpuarkar, Adv. for Resp.No.2.
______________________________________________________________
CORAM : SUNIL B. SHUKRE AND
ANIL S. KILOR, JJ.
DATED : OCTOBER 12, 2021
ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)
Judgment 2 wp3212.21.odt
1. Heard.
2. RULE. Rule made returnable forthwith. Heard finally by
consent of the learned counsel for the parties.
3. It is not in dispute that the petitioner has already completed
her B.Tech. Civil engineering course and she has cleared this course in
May 2021. It is also not in dispute that she has paid the fees which are
applicable to an Open Category candidate. The petitioner is willing to
give an undertaking to this Court that in case her tribe claim is rejected,
she would not claim the benefits of her education flowing from her
B.Tech. Civil degree and would have no objection if the degree is
forfeited by the University.
4. In view of above, we are of the opinion that the facts of this
care are squarely covered by the judgment of this Court in Writ Petition
No.5583 of 2017, decided on 16/04/2018. Hence, we pass the
following order:
i) The petition is partly allowed.
ii) Respondent No.1-Scheduled Tribe Caste Certificate Scrutiny
Committee, Amravati is directed to decide the tribe claim of
the petitioner within one year from the date of the order.
Judgment 3 wp3212.21.odt
iii) We direct respondent Nos. 2 and 3 to return the documents
of the petitioner to her on condition that the petitioner shall
furnish an undertaking to this Court and respondent Nos. 2
and 3 within three weeks from the date of the order that in
case her tribe claim is rejected, she would not claim any
benefit flowing from her B.Tech. Civil degree and would
have no objection if her such degree is forfeited by
respondent No.1-University.
iv) We also direct respondent Nos.2 and 3 to provide provisional
degree to the petitioner, within three weeks from the date of
the order, subject to the decision in the tribe claim and as per
the undertaking furnished by the petitioner.
Rule accordingly. No costs.
( ANIL S. KILOR, J ) ( SUNIL B. SHUKRE, J.)
RRaut..
