Mayuresh Bapu Pawar Through Mather And Natural Guardian v. State Of Maharashtra Through Its Secretary, And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2399 OF 2018 Mayuresh Bapur Pawar, Minor Through mother and natural guardian Shrimati Swati Bapu Pawar Petitioner

Versus

State of Maharashtra & Anr.

Respondents Mr.R.K.Mendadkar, for the Petitioner.

Mr.V.M.Mali, AGP, for the State.

CORAM : RANJIT MORE & SMT. SADHANA S.JADHAV,JJ.

DATE :23rd March, 2018.

P.C. :

Heard. The petition is filed seeking the following reliefs :- "(a) This Hon'ble Court be pleased to issue Writ of Mandamus and or any other Writ, Order or Direction in the nature of Mandamus thereby directing the Respondent No.2 committee to decide the application of the petitioner for grant caste validity certificate as expeditiously as possible and in any event, in such time limit as this Hon'ble Court may deem fit and proper in the interest of justice. (b) That this Hon'ble Court be pleased to issue Writ of Mandamus and or any other Writ, Order or Direction in the nature of Mandamus thereby directing the Respondents

No. 3 and 4 to allow the petitiioner to prosecute his studies and to take all conseque4ntial actions in accordance with law."

2.

The petitioner got admission in respondent No.4- Pune Institute of Computer Technology, Pune, claiming to be belonging to Scheduled Tribe category. Respondent No.4 thereafter issued a communication dated 5.12.2017 to the petitioner. By this communication, the petitioner was informed that he has not submitted Caste Validity Certificate for getting approval for his admission from the competent authority before the stipulated date. The petitioner was also warned that due to non-submission of the caste validity certificate within the stipulated date, his admission will be cancelled by the competent authority and the Institute will not be responsible for the same.

3.

The grievance of the petitioner that though he applied for caste validity certificate to Respondent Committee as long back as on 8.2.2017, so far the petitioner's caste validity claim is not decided.

4.

Mr. Mali, learned AGP, on instructions, makes a

statement that the petitioner's caste claim that he belongs to the S.T. Category will be decided within a period of twelve weeks from today. Statement accepted.

5.

In the light of above, we dispose of the petition by directing respondent No.4 not to act upon the communication dated 5.12.2017 for a period of twelve weeks from today. 6.

Learned AGP to communicate this order to respondent No.4. Registry also to communicate this order to respondent No.4. 7.

All concerned are directed to act upon an authenticated copy of this order.

[SMT. SADHANA S.JADHAV, J.] [RANJIT MORE,J.]