Swapnil Deepak Thakur Through Fathr Deepak Vasant Thakur v. The State Of Maharashtra And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1040 OF 2019 Swapnil s/o Deepak Thakur, Age: Minor, Occu: Student, U/g of his father - Deepak s/o Vasant Thakur, Age: 43 years, Occu: Service, R/o. 52/4, Yashwant Nagar, near Girna Taki, Jalgaon, Tq. & Dist. Jalgaon ..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 ..RESPONDENTS Mr S. C. Yeramwar, Advocate for petitioner;

Mr S. S. Dande, A.G.P. for respondent /State CORAM : PRASANNA B. VARALE AND S. M. GAVHANE, JJ.

DATE : 24th January, 2019 ORAL ORDER:

Heard learned Counsel appearing on behalf of the petitioner. 2.

The petitioner, who is a minor student is before this Court through his natural guardian/father. It was the submission of learned Counsel for the

(2) petitioner that to establish the social status, the petitioner was required to approach this Court at every stage. Ultimately, the petitioner, after completing his 12th standard examination submitted his caste claim for validation to the competent scrutiny committee through the Principal, DNCVP Arts, Science & Commerce College, Jalgaon. The copies of an application received by the Committee by the petitioner and in turn the communication dated 13th August, 2018 informing the petitioner are placed on record. The petitioner also placed on record various documents to submit that the petitioner belongs to "Thakur" caste. 3.

Learned Counsel for the petitioner submitted that, in spite of the request made to the scrutiny committee by way of representations, till date there is no decision by the committee. The copies of representations dated 21st December, 2018 and 11th January, 2019 are placed on record. Learned Counsel for the petitioner then invited our attention to the copy of the application format submitted by the petitioner to JEE examination (Joint Entrance Examination). He further submits that the said examination is scheduled in May 2019, as such, the committee be directed to decide his claim expeditiously.

4.

In view of the submissions of learned Counsel for the petitioner and on perusal of the documents placed on record, we are of the opinion that the petition can be disposed of at the stage of admission by directing respondent

(3) No.2 - Committee and accordingly respondent No.2 - Committee is directed to decide the claim of the petitioner, as expeditiously as possible and not later than 15th April, 2019.

5.

Learned Counsel for the petitioner undertakes that the petitioner shall appear before the Committee on 5th February, 2019 so as to facilitate the Committee to speed up the process.

The petition is disposed of accordingly.

Authenticated copy of this order be supplied to the respective parties. (S. M. GAVHANE, J.) (PRASANNA B. VARALE, J.) sjk