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Bombay High CourtWP/2264/2019disposed offdismissed for default

Mohammad Anees Mohmmad Shafi v. District Sc Obc Sbc Certificate Verification Committee Nanded Through Member Secretary And Another

2020-02-18Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 66 WRIT PETITION NO. 2264 OF 2019 MOHAMMAD ANEES MOHMMAD SHAFI

VERSUS

DISTRICT SC OBC SBC CERTIFICATE VERIFICATION COMMITTEE NANDED THROUGH ITS MEMBER SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Jadhav Ganesh R. AGP for Respondent No. 1 : Mr. S. G. Karlekar ...

CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE: 18th FEBRUARY, 2020 PER COURT:

1.

Leave to add University as a party.

2.

The petitioner relied on some of the documents of validity holders. The committee has observed that the petitioner cold not prove the relationship with the validity holders.

3.

Amongst the grounds raised by the learned counsel for the petitioner, one of the ground is that the vigilance has not been conducted. The vigilance officer has not verified the original record and the school record of the father nor the original school record was ever produced. The committee erroneously observed that there is overwriting in the column of caste of the father's school record.

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Considering the fact that vigilance has not been conducted, we quash and set aside the impugned order and relegate the parties before the committee.

5.

The committee shall direct vigilance to be conducted and decide the proceeding afresh. The petitioner shall appear before the committee on 05.03.2020. The committee shall consider the vigilance report, say of the petitioner and thereafter decide the proceeding afresh.

6.

Respondent no. 2 shall not withhold the result of the petitioner's examination and shall give the copy of the mark-sheet to the petitioner, however respondent no. 2 shall not issue the degree certificate till the petitioner produces the validity. The validation proceeding shall be decided within a period of six (06) months.

7.

Writ Petition is accordingly disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe