Hemant Chatur Thakur v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.199 OF 2019 Hemant s/o Chatur Thakur, Age: 20 years, Occ: Student, R/o. Thakurwada, Dondaicha Warwada, Tq. Sindkhede, Dist. Dhule.

..PETITIONER

VERSUS

1.

The State of Maharashtra, Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary.

2.

The Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, Nandurbar Through its Member Secretary.

3.

The Dean, Sir J.J. Institute of Applied Arts, Dr. D.N. Road, Fort, Mumbai 400 001.

..RESPONDENTS Mr S.C. Yeramwar, Advocate for petitioner;

Mr A.R. Kale, A.G.P. for respondent Nos. 1 & 2 CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 8th JANUARY, 2019

(2) ORAL ORDER :

Heard learned Counsel appearing for the petitioner.

2.

As the very limited grievance is raised in the petition, the petition is taken up for final disposal at the admission stage.

3.

The limited grievance in the petition is of delay in deciding the claim of the petitioner for issuance of caste validity certificate. It is submitted by learned Counsel for the petitioner that the petitioner is admitted to the course of Bachelor of Fine Arts on an undertaking that the petitioner would submit the validity certificate as soon as it is issued by the competent scrutiny committee. He then submitted that the petitioner has already submitted his claim for validation on 21st March, 2016, and in spite of submitting all the requisite documents to the Committee, till date, the claim is not yet decided by the Committee

(3) and the petitioner apprehends that the delay in decision may cause a serious prejudice to the petitioner in his academic career.

4.

Learned A.G.P. appearing for respondent Nos. 1 and 2 submitted before us that as there is huge pendency of the claims before the Committee, in spite of best possible efforts by the Committee, the Committee is unable to decide the claim expeditiously as expected by the claimant.

5.

In view of the above referred facts, we are of the opinion that the petition can be disposed of by issuing directions to respondent No.2 - Committee to decide the claim of the petitioner expeditiously and not later than six months from the date of order of this Court.

6.

As it is submitted by learned Counsel for the petitioner that the petitioner had submitted his undertaking to respondent No.3 - institute and claim is pending before respondent No.2 - Committee

(4) and we have directed the Committee to take a decision expeditiously, respondent No.3 is directed not to take any adverse action against the petitioner on the count of non submission of caste validity certificate pending decision of the Committee.

7.

With this direction, the writ petition is disposed of.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe