Anzilla Asif Saifan v. The State Of Maharashtra Through Its Secretary And ORS

910 WP 1775-15.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1775 OF 2015.

Anzilla Asif Saifan. .. Petitioner Vs.

The State of Maharashtra & ors. .. Respondents Mr.Samir Kumbhakoni, for the petitioner.

Mr.C.P.Yadav, Assistant Government Pleader, for the respondent Nos.1 and 2.

CORAM: Smt. Vasanti A. Naik & Shri C.V.Bhadang JJ.

Friday 20 February, 2015.

P.C.:

Heard.

By this petition the petitioner seeks a direction to the respondents-The Divisional Caste Scrutiny Committee No.1, Solapur to decide the caste claim of the petitioner within a time frame. The petitioner also seeks the protection of her education till her caste claim is decided.

Shri Yadav, the learned Assistant Government Pleader appearing on behalf of the Scrutiny Committee, states on instructions that the caste claim of the petitioner is pending before the Scrutiny Committee and the same would be decided as early as possible. It is stated that the petitioner is called for hearing on 13 March 2015.

910 WP 1775-15.doc In view of the statement made by the learned Assistant Government Pleader, we dispose of the Writ petition with a direction to the Scrutiny Committee to decide the caste claim of the petitioner within a period of three months from the date of appearance of the petitioner before the Scrutiny Committee. The petitioner undertakes to appear before the Scrutiny Committee, on 13th March 2015 for hearing. Since the petitioner was not at fault in not producing the caste validity certificate in time, the education of the petitioner is protected till her caste claim is decided. That means that the petitioner should be permitted to prosecute her studies and appear at the MBBS examination.

Order accordingly. No order as to costs.

(C.V.Bhadang J.) (Vasanti A.Naik J.)