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Bombay High CourtWP/10546/2016disposed off

Shruti Shekhar Gad v. Divisional Caste Scrutiny Committee No. 2, Ratnagiri And ORS.

2016-09-20Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

P2-wp-10546.2016.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10546 OF 2016 Shruti Shekhar Gad ...

Petitioners

Versus

Divisional Caste Scrutiny Committee and Ors.

...

Respondents Mr. A.B. Tajane for the petitioners.

Ms.Nisha Mehra, AGP for State.

CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATED : SEPTEMBER 20, 2016.

P.C.

Not on board. Allowed to be taken on production board in view of the urgency.

2.

Petitioner's grievance is that inspite of much time is elapsed, Caste Scrutiny Committee has not decided her case validation claim. According to petitioners, in the absence of the caste Validity certificate, respondent no.2 college has cancelled petitioner's admission vide order dated 16.6.2016 Exh. G. Having considered the submissions made by the learned counsel for the parties, we are of the view that since the petitioners' caste validity claim is pending before the Caste Scrutiny Committee, this petition can be and is disposed of

P2-wp-10546.2016.sxw by directing the Caste validity Committee to consider and decide the petitioner's claim that she belongs to Vaishya Vani O.B.C. category as expeditiously as possible, but not latter than six months from the date of receipt of copy of this order. Till the petitioner's caste claim is decided, respondent no.2 college shall allow the petitioner to continue her studies in Second Year Engineering in Computer subject to compliance with other requirements. Needless to say that in case the petitioner's case claim is rejected by the Committee, the consequences shall follow and the petitioner shall not be entitled to claim any equity on the basis of this order. In case any adverse order is passed by the Caste Validation Committee, the same shall not be given effect to for the period of two weeks in order to enable the petitioner to seek appropriate remedy. Petition stands disposed of. (MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)