Megha Gangayya Satlawar v. The State Of Maharashtra And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1817 OF 2019 MEGHA GANGAYYA SATLAWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.Chandrakant R. Thorat, Advocate for the petitioner Mrs.R.P.Gaur, AGP for the respondents/State CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

08.02.2019 P.C. :- .

Heard learned counsel for the petitioner.

2.

This is being limited grievance raised in the petition, we are inclined to dispose the petition at the admission stage.

3.

Facts necessary for disposal are stated as follows. The petitioner after completing her 12 Std examination appeared for State Common Entrance test in the academic year 2018-19. The petitioner is possessing the caste certificate issued by the SubDivisional Officer, Kinwat dated 15.12.2012. That, the petitioner belongs to Mannerwarlu, Scheduled

( 2 ) Tribe. The petitioner's claim for validation was forwarded to the Scrutiny Committee on 01.01.2018 through the school namely Saraswati Vidya Mandir. On line claim application was also accepted by the Committee on 08.01.2018. Copy of the receipt alongwith endorsement of the Officer of the Committee is also placed on record at Exh.D. Learned counsel for the petitioner submitted that the petitioner having every hopes of success in validation process as the petitioner had submitted all necessary documents in support of claim of the petitioner alongwith validity certificate issued in favour of father of the petitioner.

4.

It is also submitted by the learned counsel that the petitioner repeated requested the Scrutiny Committee for issuance of validity certificate and one of such reminder request is placed on record dated 24.12.2018. The petitioner was facing with a notice issued by Agriculture College, Naigaon wherein the petitioner is prosecuting the studies. By notice dated 17.12.2018 the petitioner is warned with consequential action of cancellation of admission due to failure of submitting validity certificate. Learned counsel submitted that the

( 3 ) notice was issued on 17.12.2018 and the petitioner is called upon to submit the validity certificate within two days i.e. to submit the validity certificate to the college is 20.12.2018. Learned counsel then submitted that respondent No.2 be directed to validate the caste claim of the petitioner and issue certificate accordingly. Learned counsel also prayed for protection to the academic career of the petitioner.

4.

We are satisfied on perusal of the documents and on the backdrop of the submission of the learned counsel for the petitioner that the learned counsel for the petitioner made out the case accordingly the petition is partly allowed.

5.

Respondent No.2 Joint Director and Member, Scheduled Tribe Certificate Verification Committee is directed to decide the claim of the petitioner, as expeditiously as possible, preferably within 12 weeks from the date of order of this Court.

6.

Till the decision of the committee, respondent Nos.4 and 5 are directed not to take any adverse action disturbing the academic career of the

( 4 ) petitioner.

7.

We further make it clear that on decision of the Committee, respondent Nos. 4 and 5 may take appropriate action/steps.

8.

With these directions, the petition is disposed of.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE, J.] VishalK/wp1817.19