Shivaji Sadhu Mane v. State Of Maharashtra Through Its Secretary And ORS

11-wp-8483-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8483 OF 2018 Shivani Sadhu Mane

...Petitioner

V/s.

State of Maharashtra Through its Secretary & Ors.

...Respondents

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

Mr.Vikas Mali, AGP for Respondent Nos.1 to 3. Ms.Pooja Joshi for Respondent No.5.

---- CORAM : S.C. DHARMADHIKARI & SMT.BHARATI H. DANGRE, JJ.

DATE : 10th DECEMBER 2018 P.C.:

1.

The affidavit which is filed on behalf of the respondent No.5 is indicative of the fact that not only did the petitioner continue her study despite non submission of the caste validity certificate, but she was allowed to attend classes, take the examination as well. Further results have also been declared as indicated in the communication, copy of which is placed on record and marked 'X' for identification.

2.

In the petition there is also an affidavit in reply filed on N.S. Kamble page 1 of 2

11-wp-8483-2018 behalf of the respondent No.5. In the light of the statement made therein, particularly in paragraph No.10, we dispose of this Writ Petition with the direction to the Competent Scrutiny Committee to consider the petitioner's claims as expeditiously as possible and pass final orders within a period of four months from today. 3.

The petitioner can continue her education as also appear in the examination, subject to the Scrutiny of her claim. In the event her claim is invalidated all consequences under the Maharashtra Act 23 of 2001 shall follow, including cancellation of her admission and nullifying her admission. Subject to this, let the petitioner take examination and the result also be declared. Everything shall be treated as tentative and provisional not conferring any rights on the petitioner.

4.

The Writ Petition is disposed of with these directions. (SMT.BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI,J.) N.S. Kamble page 2 of 2