Kum. Tejshree Mangilal Dambale v. State Of Maharashtra Thr Its Secretary Tribal Development Dept. And ORS

905-aswp1457-2022.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1457 OF 2022 Tejshree Mangilal Dambale ...

Petitioner.

V/s.

State of Maharashtra, through its Secretary Tribal Development Department & Others ...

Respondents.

Mr. Tanaji Jadhav, i/b Mr. R.K. Mendadkar, for the Petitioner. Mr. N.K. Rajpurohit, AGP, for the Respondents-State. CORAM : SUNIL B. SHUKRE, AND AMIT BORKAR, JJ.

DATE : 23rd FEBRUARY 2022.

P.C. :

1.

Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

2.

The Petitioner is a student who is aspiring to be a Pharmacist by securing the benefits of reservation but, such an endeavor of the Petitioner is not bearing fruits as the Respondent No. 2 - Scheduled Tribe Certificate Scrutiny Committee ("Scrutiny Committee") has not as yet decided her tribe claim. The application for scrutiny of her by ATUL GANESH KULKARNI Date:

2022.02.24 10:31:39 +0530 tribe claim appears to have been filed by the Petitioner in November ATUL GANESH KULKARNI 2020 but, the application is still pending with Respondent No. 2. 1 / 2

905-aswp1457-2022.doc 3.

Learned AGP for the Respondents, on instructions submits that the Scrutiny Committee would decide the tribe claim of the Petitioner within a period of the three months from the date of this order. This period, considering the fact that the Petitioner is a student and her claim is pending since November 2020, is little longer and it would, therefore, be reasonable to expect that the Scrutiny Committee would decide the tribe claim of the Petitioner at the earliest.

4.

Accordingly, allowing the petition, we direct the Respondent No. 2 - Scrutiny Committee to decide the tribe claim of the Petitioner in accordance with law, at the earliest and preferably on or before 31st March 2022. The Petitioner will appear before the Scrutiny Committee on 1st March 2022 with liberty to file on record additional documents.

5.

The Writ Petition is disposed of in above terms. No costs. (AMIT BORKAR, J.) (SUNIL B. SHUKRE, J.) 2 / 2