Pooja Balasaheb Shinde v. State Of Maharashtra, Through Secretary, Social Welfare Dept And ORS

1-wp-7762-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7762 OF 2014 Pooja Balasaheb Shinde ....Petitioner.

Versus

State of Maharashtra & Ors.

...Respondents.

Mrs. Helen Koli-Mandlik advocates for the Petitioner. Mr. Vikas Mali, AGP for the respondent nos.1,2 and 4-State. CORAM : SMT. VASANTI A.NAIK & SHRI C.V.BHADANG, JJ.

DATED : February 11, 2015.

ORAL JUDGMENT: (Per Smt. Vasanti A. Naik, J.) Rule. Rule made returnable forthwith.

The petition is heard finally with the consent of the learned counsel for the parties.

By this petition, the petitioner seeks a direction to the respondent no.2-scrutiny committee to decide the caste claim of the petitioner as early as possible. The petitioner seeks protection of her education till her caste claim is decided.

Shri Mali, the learned Assistant Government Pleader appearing on behalf of the scrutiny committee, states that the caste claim of the petitioner would be decided as early as possible and positively Shivgan 1/2

1-wp-7762-14 within a period of six months.

In view of the aforesaid, the writ petition is allowed. The respondent no.2-scrutiny committee is directed to decide the caste claim of the petitioner as early as possible and positively within a period of six months from the date of appearance of the petitioner before the scrutiny committee. The petitioner undertakes to appear before the scrutiny committee on 2.3.2015. The education of the petitioner is protected till her caste claim is decided as the petitioner was not at fault in not submitting the caste validity certificate. The concerned respondents are directed to declare the result of the petitioner.

Rule is made absolute in the aforesaid terms with no order as to costs.

( C.V.BHADANG, J.) (V.A.NAIK, J.) Shivgan 2/2