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Bombay High CourtWP/1781/2015disposed offdismissed for default

Narsing Hari Pakalwad v. The State Of Maharashtra And Others

2015-04-29Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice V.K. Jadhav2 pages

wp1781.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 1781 OF 2015 Narsing s/o Hari Pakalwad .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. S.M. Vibhute, advocate for petitioner.

Mrs. M.A. Deshpande, AGP for the State.

Mr. A.P. Bhandari, advocate for respondent no. 2. Mr. K.D. Bade Patil, advocate for respondent no. 3. ===== CORAM : R.M. BORDE & V. K. JADHAV JJ.

DATE : 29th APRIL, 2015.

PER COURT :

1.

Petitioner claims to be belonging to Mannervarlu caste. Petitioner has secured admission to engineering degree course in respondent no. 2 - college. Caste certificate secured by petitioner is referred to Scrutiny Committee for verification. Petitioner contends that the proposal in respect of verification is pending with the Scrutiny Committee and, as a result of pendency of proposal, he is facing difficulty in pursuing the studies. So far as admission as well as liability in respect of payment of fees is concerned, the same is protected in view of interim order passed by this Court. 2.

In the facts and circumstances of the case, the ends of justice would be met if respondent no. 3 is directed to decide the caste verification claim pending with the Committee pertaining to petitioner as expeditiously as possible, preferably within a period of one year from today and it is

wp1781.15.doc accordingly directed. In the meanwhile, admission of petitioner to respondent no. 2 - College shall not be disturbed and payment of fees shall not be insisted upon. Aforesaid direction is subject to final adjudication of the caste verification claim of petitioner by respondent no. 3 - Committee. Petitioner agrees that in the event of invalidation of his claim he would deposit the fees with respondent no. 2 - institution. Petitioner further states that his father has been already issued validation certificate by the Scrutiny Committee and as such, according to us, there should not be any difficulty in issuing validation certificate in favour of petitioner. Petition stands disposed of accordingly.

( V.K. JADHAV ) ( R. M. BORDE ) JUDGE JUDGE dyb