Sachin Dnyaneshwar Baviskar v. State Of Maharashtra Thru Secretary, Tribal Development Dept. And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13377 OF 2018 Sachin Dnyaneshwar Baviskar .. Petitioner

Versus

State of Maharashtra and ors .. Respondents ...

Mr. Ashok B. Tajane for the petitioner.

Mr.S.B. Kalel, AGP for the State.

Ms.Minal Chandnani for respondent no.4.

CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H.DANGRE, JJ.

DATED : 6th DECEMBER, 2018 P.C:- When this Writ Petition was listed earlier and we heard it, we inquired from Shri Kalel as to when the Scrutiny Committee will find time to scrutinize the claim of the petitioner and pass final orders.

Mr.Kalel, at today's hearing, tenders the affidavit of Somnath Tanaji Kamble presently working as Research Officer, Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane, which contains the following statements :

2/3 908 wp-13377-18.doc "I say and submit that the Respondent no.2, would call the petitioner for hearing and would decide the matter by following due process of law as expeditiously as possible within a period of three months. I further say that the delay in deciding the matter is caused due to administrative difficulties and I humbly submit that there is no wilful intention behind the same.

In view of the statements made herein above, I say and submit that the Respondent no.2, Committee would decide the claim of the petitioner as early as possible by following due process of law in any case, within a period of three months from the date of passing of its order, in the light of this the petition may kindly be disposed of and this Hon'ble High Court be pleased to pass appropriate order in the interest of justice".

We accept the statements made in the aforesaid affidavit and reproduced herein as undertakings to this Court. All consequences in law shall follow in the event the undertaking is breached.

Writ Petition is therefore disposed of.

3/3 908 wp-13377-18.doc Writ Petition is also disposed of because the petitioner has no apprehension of cancellation of his admission to the Bachelors of Science Degree course in the respondent no.4 college. Once he is continuing his studies, then, nothing in relation to protecting the admission and attendance in class room, appearance in the examination needS to be directed. The Writ Petition is disposed of by clarifying that no equities can be claimed by the petitioner in the event the caste certificate is invalidated.

(SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.)