Bombay High CourtWP/3984/2017disposed offdismissed for default

Varsha Bapu Thakur v. Scheduled Tribe Certificate Scrutiny Committee Nandurbar Through Its Member Secretary And Others

2017-03-23Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice S V Gangapurwala2 pages

1 wp 3984.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3984 OF 2017 Varsha Bapu Thakur .. Petitioner

Versus

Scheduled Tribe Certificate Scrutiny Committee Nandurbar through its Member Secretary and others .. Respondents Shri Mahesh S. Deshmukh, Advocate for the Petitioner. Shri P. S. Patil, Addl.G.P. for Respondents/State.. CORAM : S. V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : 23RD MARCH, 2017.

PER COURT :

It is submitted that, the validation proceedings in respect of the tribe claim of the petitioner is pending. The petitioner is a student. The respondent Nos. 4 and 5 are insisting for validity certificate, else adverse action would be taken. 2.

This Court vide order dated 29th October, 2015 has already directed the Committee to decide the said proceedings within six months from the date of said order.

The learned Additional Government Pleader on

2 wp 3984.17 instructions states that, vigilance report is already sent to the petitioner on 08.11.2016. The reply of the petitioner is awaited. 4.

The petitioner shall file her reply to the vigilance report. The petitioner shall appear before the Committee on 11.04.2017. Thereafter, the Committee shall decide the said proceedings expeditiously. This Court has already passed an order directing the respondent/college herein not to take any coercive action against the petitioner on the ground of failing to submit the caste validity certificate, as said proceedings are pending. 5.

Till the validity proceedings are decided, the respondents shall not prevent the petitioner from appearing in the examination and shall not insist for the full fees. If, the tribe claim of the petitioner is invalidated, then the petitioner would be liable to pay full fees. However, till then no such insistence shall be made by respondents over the petitioner. The writ petition accordingly stands disposed of. No costs. [SANGITRAO S. PATIL, J.] [S. V. GANGAPURWALA, J.] bsb/March 17