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Bombay High CourtIA/467/2021disposed off

Vishwa Chandubhai Patel And ORS v. Union Of India And ORS

2021-03-23Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice C.V. Bhadang2 pages

22-ia-467-21 in wpst-405-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 467 OF 2021 IN WRIT PETITION (ST) NO. 405 OF 2021 Vishwa Chandubhai Patel and Ors.

...Applicants In the matter of Vishwa Chandubhai Patel and Ors.

...Petitioners

V/s.

Union of India and Ors.

...Respondents

---- Mr. R. G. Walia for the Applicants / Petitioners. Mr. H. S. Venegaonkar for the Respondent / Union of India. ---- CORAM : NITIN JAMDAR AND C. V. BHADANG, JJ.

DATE : 23 March 2021 P.C.

.

By this interim application, the applicants have sought a prayer to quash the show cause notices dated 16 February 2021 and 18 February 2021. This Interim Application is taken out in Writ Petition (ST) No.405/2021 wherein the Applicants - Petitioners have sought directions regarding admission to Mamta Kale page 1 of 2

22-ia-467-21 in wpst-405-21 Respondent-Medical College. In para 2 of the order dated 8 February 2021 passed by the Division Bench, it is stated that the issue of invalidation of the caste status should be considered in separate proceedings. Thereafter, the Applicants had filed the Writ Petition (ST) No.3176 of 2021 in respect of cancellation of caste validity certificate and the Division Bench disposed of the petition by order dated 12 February 2021 directing the Respondent / Administration to first issue a show cause and then give hearing to the Petitioners. The learned counsel for the Respondent No.1 / Administration states that the hearing is concluded and order will be passed. If the order passed is adverse to the Applicants, the Applicants are at liberty to challenge the same by a substantive writ petition.

The Division Bench in Writ Petition (ST) No.3176 of 2021 in the order dated 12 February 2021 has already directed that the adverse order, if any, shall not take effect for a period of two weeks from the date of its communication on the Applicants. Therefore, the Applicants have sufficient time.

2.

The Interim Application is disposed of.

3.

The Writ Petition to stand over to 6 April 2021. (C. V. BHADANG, J.) (NITIN JAMDAR, J.) Mamta Kale page 2 of 2