Khushal Manoj Thakur Through Father Manoj Ramesh Thakur v. The State Of Maharashtra And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2821 OF 2019 KHUSHAL MANOJ THAKUR VS THE STATE OF MAHARASHTRA AND OTHERS Mr.Sushant C. Yeramwar, Advocate for the petitioner Mr.K.N.Lokhande, AGP for the respondents/State CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

26.02.2019 P.C. :- .

Heard learned counsel for the petitioner.

2.

The petitioner is a student prosecuting studies in second year of diploma course in Civil Engineering in the Polytechnic College run by respondent No.3 institute at Dhule. The petitioner was admitted in the college in the year 2017-2018 under the category as Scheduled Tribe. The receipt of the confirmation of admission is placed on record at Exh.B. The petitioner's claim was forwarded for validation to the Scrutiny Committee, the same is pending before the Scrutiny Committee. The notice is placed on the notice board on 18.01.2019 thereby the students alike the petitioner informed to deposit examination fees alongwith late fees. Learned counsel for the petitioner

( 2 ) submitted that in similar circumstances this Court in the writ petition No.2301/2019 disposed the petition with direction to Scrutiny Committee to decide the claim within stipulated period and permitted the petitioner to appear before the Committee on a fixed date and then protected the interest of the petitioner of continuation of his academic course. Copy of the order dated 15.02.2019 in writ petition No.2301/2019 is taken on record and marked as "X" for identification.

3.

Considering this fact, we see no reason to take different view than the view adopted by us on 15.02.2019. Accordingly, the petition is disposed of with direction to the Scrutiny Committee to decide the claim of the petitioner as early as possible and not later than 12 weeks from the date of order of this Court. The petitioner undertakes to appear before the Committee on 04.03.2019. Respondent No.3 is directed not to demand the tuition fees on the ground that validity certificate is not submitted as the validation proceeding is still pending. Respondent No.3 is permitted to take further course of action depending upon the decision of the Committee.

( 3 ) 4.

With the above directions, the petition is disposed of.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] VishalK/wp2821.19