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Bombay High CourtWP/4695/2015disposed off

Sumod Pramod Nandanwart v. State Of Maharashtra Through Its Secretary And ORS

2016-03-11Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice S.C. Dharmadhikari3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4695 OF 2015 Sumod Pramod Nandanwar ... Petitioner Vs

1. State of Maharashtra & Ors.

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

Ms. Sushma Bhende, AGP, for the Respondent Nos.1 to 3. CORAM : S.C. DHARMADHIKARI & A.A. SAYED, JJ.

FRIDAY, 11TH MARCH, 2016 P.C. :

1.

The petitioner has filed this petition because of the letter at page 18 of the paper-book.

2.

The Maharashtra Institute of Technology, Pune (College for short) by its communication dated 21st April, 2015, informed the petitioner that the petitioner's caste validity certificate has to be produced and forwarded to the Director of Technical Education, Maharashtra State, Mumbai, as per admission rules. SRP 1/3

3.

The certificate of validity is not produced and if that is not produced, the petitioner could be liable for all consequences. 4.

This communication furnished a cause of action to the petitioner to move against the Committee which is set up under the The Maharashtra Schedule Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance of Verificationi) of Caste Certificate Act, 2001, to verify and scrutinize caste claims and the authenticity and genuineness of a caste certificate. The college and equally the petitioner has no control over its affairs, but the consequences of the Committee's inaction are indeed drastic on the petitioner - student and in such state of affairs and when the petitioner was admitted by the college, namely, respondent No.

within four months from today. No extension will be granted. 5.

The benefit of the said ad-interim order shall continue to accrue in favour of the petitioner till the Caste Scrutiny Committee takes a decision one way or the other. The college shall allow the petitioner to attend classes, appear at the examination and equally declare his results provided the petitioner abides by all the requirements of the rules and regulations of the college and the University. 6.

The Writ Petition, accordingly, stands disposed of. A.A. SAYED, J.

S.C. DHARMADHIKARI, J.

SRP 3/3