Sourabh Vishnu Thakur v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4089 OF 2021 Sourabh Vishnu Thakur ... Petitioner

Versus

State of Maharashtra & Anr.

...

Respondents .........

Mr. R.K. Mendadkar for the Petitioner.

Ms. P.J. Gavhane, A.G.P. for the State- Respondent Nos.1 and 2. .........

CORAM

: R.D. DHANUKA & R.I. CHAGLA, JJ.

DATE : 26th AUGUST, 2021.

(V.C.) P.C. :- Rule. Learned A.G.P. waives service for the Respondents. The Petition is heard finally by consent of parties. By this Petition filed under Article 226 of the Constitution of India, the Petitioner is seeking direction against Respondent No.2scrutiny Committee to decide the application dated 23.10.2020 filed by the Petitioner for grant of Caste Validity Certificate as expeditiously as possible and in any event, positively before 31.08.2021, in accordance with law and in the light of the judgment of this Court in 1 / 3

the case of Sneha Vishnu Thakar vs. State of Maharashtra and Ors. decided on 15.06.2018 in Writ Petition No.5824 of 2018, filed by the real elder sister of the Petitioner.

The learned Counsel appearing for the Petitioner states that although the Petitioner had made an application for grant of Caste validity certificate on 23.10.2020, the Respondent No.2 Scrutiny Committee has not decided the application. The learned Counsel for the Petitioner further states that pursuant to the Petitioner' s application for grant of Caste validity certificate, the Vigilance Cell has filed its report on 16.03.2021 to which the Petitioner filed reply on 21.04.2021 and pointed out the merits of his case. The learned Counsel for the Petitioner submits that as the Petitioner has filed application for the NEET examination UG-2021, the Caste Validity certificate is required for securing admission in Medical Degree Course. He has, therefore, submitted that the Respondent-Scrutiny Committee be directed to decide the application for Caste Validity Certificate of the Petitioner as expeditiously as possible.

The learned A.G.P. appearing for the Respondents states that Respondent No. 2- Scrutiny Committee requires some time to 2 / 3

decide the application for Caste Validity Certificate of the Petitioner. In view of the urgency expressed by the Petitioner who has filed application for NEET examination UG-2021 and would require Caste Validity Certificate for the purpose of securing admission in the Medical Degree Course, it would be necessary for the Respondent- Scrutiny Committee to decide the application for Caste Validity Certificate of the Petitioner expeditiously. Hence, we pass the following order :

i) The Respondent- Scrutiny Committee is directed to decide the application for Caste Validity Certificate of the Petitioner within a period of three weeks from today. ii) The decision taken by the Respondent- Scrutiny Committee shall be communicated to the Petitioner within a period of one week thereafter.

iii) Rule is made absolute in above terms.

iv) Writ Petition is disposed of accordingly.

v) There shall be no order as to costs.

( R.I. CHAGLA, J. ) ( R.D. DHANUKA, J. ) 3 / 3