Aditya Shivkumar Totawad Thr Her Natural Guardian I. E. Father Shivkumar Sitaram Totawad v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3954 OF 2022 Aditya Shivkumar Totawad through His Natural Guardian i. e. father Shivkumar Sitaram Totawad .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri Chandrakant R. Thorat, Advocate for the Petitioner. Shri A. S. Shinde, A.G.P. for Respondent Nos. 1 and 2. CORAM :

R. D. DHANUKA AND S. G. MEHARE, JJ.

DATE :

07TH APRIL, 2022.

FINAL ORDER :

.

By this petition filed under Article 226 of the Constitution of India, the petitioner seeks writ of mandamus against the respondent No. 2/Scrutiny Committee to decide the tribe claim of the petitioner within a period of two months from the date of order.

2.

It is submitted by the learned counsel for the petitioner that, proposal is made by the petitioner on 15.03.2021 for verification of his caste claim and the same is still pending before the respondent No. 2/Committee. The petitioner seeks admission to the professional course which is scheduled to commence from middle of June 2022 and seeks admission on a seat reserved for S. T. category.

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We accordingly direct the respondent No. 2/Scrutiny Committee to decide the said tribe claim made by the petitioner on 15.03.2021 on or before 10.06.2022. The order that would be passed by the Committee shall be communicated to the petitioner within a period of three (03) days from the date of passing of the order. If the caste claim of the petitioner is accepted, the committee shall issue caste validity certificate to the petitioner within a period of 48 hours from passing of the order. If the caste claim of the petitioner is invalidated/rejected, then the petitioner would be at liberty to file appropriate proceedings. The petitioner is directed to appear before the respondent No. 2/ Committee on 18.04.2022 at 11.00 a.m.

4.

It is made clear that, this Court has not made any opinion on the merits of the matter. The writ petition is allowed in aforesaid terms. No order as to costs.

5.

The parties shall act on authenticate copy of this order. 6.

The learned A. G. P. shall communicate this order to the respondent No. 2/Committee for information and compliance. [S. G. MEHARE, J.] [R. D. DHANUKA, J.] bsb/April 22