Kum. Veena Dinesh Rushi v. State Of Maharashtra Through Its Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3110 OF 2015 Kum. Veena Dinesh Rushi .... Petitioner vs State of Maharashtra, through its Secretary and ors.

.... Respondents Ms. Rashmi Naik I/by Allena George for the petitioner. Mr. Rajesh Kanojia for respondent No.2.

CORAM:

ANOOP V. MOHTA AND K. R. SHRIRAM, JJ.

DATE : March 26, 2015 P.C.:

Rule. Rule is made returnable forthwith. Heard finally by consent of parties.

The Petitioner's caste claim is admittedly pending with the Scrutiny Committee. The letters dated 18.11.2014 and dated 6.1.2015 are nothing but denying the right of the Petitioner to appear in the examination for want of caste validity certificate. The Petitioner cannot be denied such a right merely because her caste claim is pending before the Competent Authority and not proceeding further basically for no fault of the Petitioner. 1/2

dgm 2 919-wp-3110-15.sxw Therefore, at this stage, we are inclined to dispose of this writ petition by granting prayers (b) and (c ). However, it is made clear that the Petitioner shall not be entitled to claim any equity, if caste claim goes against the Petitioner. However, that will also be subject to appropriate order by this Court.

We are disposing this petition after hearing the learned counsel for Respondent No.2. Therefore, there should be no hurdle of not allowing the Petitioner to appear in the examination and/or submitting the form for want of communication and/or copy of this order.

The writ petition is allowed accordingly.

Rule made absolute accordingly. There shall be no order as to costs.

Parties to act on the basis of an authenticated copy of this order.

(K. R. SHRIRAM, J.) (ANOOP V. MOHTA, J.) 2/2