Rushali Narendra Soundane v. State Of Maharashtra Through Its Secretary, Tribal Development Dept. And ORS.

dgm 1 18-wp-7195-14.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7195 OF 2014 Rushali Narendra Soundane .... Petitioner vs State of Maharashtra & ors .... Respondents Mr. R.K. Mendadkar with Ms. Helen Koli Mandlik for the petitioner.

Ms.S.S. Bhende, AGP for respondents 1 and 2.

CORAM:

ANOOP V. MOHTA AND A. A. SAYED,JJ.

DATE : November 21, 2015 ORDER:

Rule, returnable forthwith. Heard finally by consent of parties.

We are inclined to dispose of the present writ petition by directing Respondent No.2-Caste Scrutiny Committee to decide the caste claim pending since 2009 as the same is relevant and necessary for career of the Petitioner and for future various other purposes, as early as possible preferably within nine months. 1/2

dgm 2 18-wp-7195-14.sxw This Court, by order dated 1.8.2014 already directed not to take coercive steps against the Petitioner based upon communication dated 27.01.2014 whereby Respondent No.3management threatened to cancel the admission. Therefore, we are inclined to pass the order not to take any coercive steps against the Petitioner pending the final decision of caste claim and four weeks thereafter, if order is passed against the Petitioner by the concerned Authority. However, it is made clear that there is no question of claiming any equity if order goes against the Petitioner. The writ petition is disposed of accordingly. All points kept open.

Rule is disposed of accordingly. No costs.

(A. A. SAYED, J.) (ANOOP V. MOHTA, J.) 2/2