Miss. Radhika Anil Korgoankar v. State Of Maharashtra Through Its Principal Secretary And ORS

3.WP8785_2014.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 8785 OF 2014 Ms. Radhika Anil Korgoankar ... Petitioner vs.

The State of Maharashtra, through its Principal Secretary & Ors. ... Respondents Mr. Abhijeet Desai, Advocate for the petitioner. Mr. Vikas Mali, AGP for respondent no. 1.

Ms. Shreya Jadhav i/b. Mr. S.B. Shetye, Advocate for respondent no. 2. CORAM : SMT. VASANTI A. NAIK & C.V. BHADANG, JJ.

DATE : 2nd February, 2015.

ORAL JUDGMENT (Per Smt. Vasanti A. Naik) Rule. Rule made returnable forthwith. The Petition is heard finally at the stage of admission.

By this Petition, the petitioner seeks a direction to the respondent no. 3/Committee to verify the caste claim of the petitioner as early as possible. The petitioner also seeks protection of her education till her caste claim is decided.

Mr. Mali, the learned Assistant Government Pleader appearing on behalf of the respondent nos. 1 to 3 states, on instructions, that the caste claim of the petitioner is pending before the respondent no. 3/Scrutiny

3.WP8785_2014.doc Committee and the Scrutiny Committee would positively decide the same within a period of four months.

In view of the statement made on behalf of the respondent no. 3, the Writ Petition is allowed. The respondent no. 3/Scrutiny Committee is directed to decide the caste claim of the petitioner within a period of four months from the date of appearance of the petitioner before the Scrutiny Committee. The petitioner undertakes to appear before the Scrutiny Committee on 16th February, 2015. Since the petitioner was not at fault in not producing the caste validity certificate, the education of the petitioner is protected till her caste claim is decided. Rule is made absolute in the aforesaid terms, with no order as to costs.

(C.V. BHADANG, J.) (VASANTI A. NAIK, J.)