Swapnil Vasantrao Anmod v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.963 OF 2019 Swapnil s/o Vasantrao Anmod, Age: 19 years, Occ: Education, R/o. Jarikot, Tq. Dharmabad, Dist. Nanded.

..PETITIONER

VERSUS

1.

The State of Maharashtra, Through its Secretary, Higher & Technical Education Department, Mantralaya, Mumbai.

2.

The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, Through its Member Secretary, Aurangabad.

3.

The Director, Directorate of Technical Education, Maharashtra State, Mumbai.

4.

The Principal, Government College of Engineering Osmanpura, Station Road, Aurangabad, Tq. & Dist. Aurangabad.

..RESPONDENTS Mr Sunil M. Vibhute, Advocate for petitioner; Mr. A.R. Kale, A.G.P. for respondent/State CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 22nd JANUARY, 2019

(2) ORAL ORDER :

Heard Mr. Vibhute, learned Counsel appearing for the petitioner.

2.

The petitioner is a student, who was admitted in the Government College of Engineering after completing 12th Standard examination. The petitioner is belonging to 'Mannervarlu', Scheduled Tribe and as such, submitted application to respondent No.2 - Scrutiny Committee for validation of the claim on 10th April, 2018, copy of which, is placed on record at Exhibit-B. The admission confirmation receipt as well as admission slip issued by the competent authorities of Government College of Engineering, Aurangabad are also placed on record.

3.

Mr. Vibhute, learned Counsel for the petitioner submits that the claim of the petitioner is pending before the committee for its decision. He further submits that the petitioner apprehends

(3) a serious prejudice to his academic career in view of the notice issued by the College of Engineering on 3rd September, 2018, as well as another notice dated 8th January, 2019. On this backdrop, learned Counsel for the petitioner prays for directions to the Scrutiny Committee to decide the claim of the petitioner expeditiously and in the meantime, protection to academic career of the petitioner. Mr. Vibhute, learned Counsel also invited our attention to the order of this Court dated 6th October, 2018 in Writ Petition No. 11161 of 2018. 4.

Learned Counsel for the petitioner was justified in placing the reliance on the order of this Court referred to above and we see no reason to adopt any course than the course adopted by the Division Bench of this Court in Writ Petition No.11161 of 2018.

5.

Accordingly, we dispose of the petition by issuing directions to respondent No.2 Scrutiny Committee to take a decision on the pending claim

(4) of the petitioner expeditiously and not later than twelve (12) weeks from the date of this order. 6.

The petitioner shall cause appearance before the committee on 4th February, 2019, as such, the committee is not required to issue any separate notice to the petitioner.

7.

Respondent Nos.3 and 4 shall not take any adverse action against the petitioner on the ground of failure to submit validation certificate till decision of the Committee and appropriate steps can be taken in the event, the claim of the petitioner is rejected by the Scrutiny Committee.

8.

With these directions, the petition is disposed of.

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