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Bombay High CourtWP/5313/2014disposed offdismissed for default

Ashita Shrikant Koturwar v. Scheduled Tribe Certificate Scrutiny Committee, And Another

2019-03-26Hon'Ble Shri Justice Sunil P. Deshmukh,Hon'Ble Shri Justice R. G. Avachat2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5313 OF 2014 ASHITA SHRIKANT KOTURWAR

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AND ANOTHER ---- Mr. M.S.Deshmukh, Advocate for petitioner Mr. K.D.Bade-Patil, Advocate for respondent no.1 Mr. A.S.Shinde, AGP for respondent no.2 ---- CORAM : SUNIL P. DESHMUKH AND R.G. AVACHAT, JJ.

DATE : MARCH 26, 2019 PER COURT Petitioner's certificate of "Chattri" tribe has been referred to respondent no.1 - Scrutiny Committee. Learned Counsel for petitioner states that the tribe certificate of father of petitioner as well as parental aunt have been validated by the Scrutiny Committee. While petitioner has passed H.S.C. examination, for admission to agricultural degree course for the academic year 2014-15, production of certificate of validity of tribe was a pre-condition. However, apprehending that for want of validity certificate, his admission form may not be considered, petitioner moved this Court. Under the interim order dated 27.06.2014, the Division Bench of this Court had directed

9-wp5313 respondent no.2 to accept the application form of petitioner and to consider her claim for agricultural course as a member of scheduled tribe category.

2.

Learned Counsel for petitioner submits that accordingly, petitioner has completed the said course, however, yet, her certificate is pending scrutiny by respondent no.2 - Committee. 3.

In the circumstances, it appears to be expedient to direct respondent no.1 - Scrutiny Committee to decide the tribe claim of petitioner expeditiously.

4.

As such, respondent no.1 - Scrutiny Committee is directed to decide the tribe claim of petitioner as early as possible and preferably, within a period of six months from the date of receipt of writ of this order. The benefits accrued to petitioner under the interim order, would be subject to outcome of the final decision on his tribe claim.

5.

With the above directions, the Writ Petition stands disposed of.

[R.G. AVACHAT, J.] [SUNIL P. DESHMUKH, J.] kbp