Devshree Mohan Pol Through Father Mohan Babulal Pol v. Director Of Medical Education And Research And Others

1 934WP6160-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION NO. 6160 OF 2018 Devshree d/o Mohan Pol Age : 17 Years, Occupation: Education Minor Through Her Natural Guardian Father, Mohan S/o. Babulal Pol, Age : 52 Years, Occupation: Service, R/o: Sanjay Gandhi Nagar, Station Road, Chalisgaon, Taluka: Chalisgaon, Dist. Jalgaon.

...Petitioner

Versus

1. Director of Medical Education & Research, Govt. Dental College & Hospital Building, St. George's Hospital Compound, Near V.T., Mumbai-400 001.

2. Director of Technical Education, Maharashtra State, Mumbai, 3, Mahapalika Marg, Post Box No. 1967, Opp.Metro Cinema, Mumbai-400 001.

3. The Chairman/Commissioner, District Caste Certificate Scrutiny Committee, Jalgaon, Dr.Babasaheb Ambedkar Social Justice Bhavan, Jalgaon, Taluka & Dist. Jalgaon.

...Respondents

Mr. S.V. Suryawanshi, Advocate for Petitioner Mr.P.K. Lakhotiya, AGP for Respondent-State CORAM : R. M. BORDE & A. M. DHAVALE, JJ.

DATE : 20th JUNE, 2018.

ORAL JUDGMENT (Per R.M. Borde, J.) 1.

Rule. Rule returnable forthwith. With the consent of the

2 934WP6160-18 parties, heard finally at admission stage.

2.

The petitioner claims to belong to 'Kankayya' scheduled caste and is in receipt of the caste certificate issued by the competent authority. The caste certificate issued to the petitioner is forwarded to the Scrutiny Committee for verification in the month of November, 2017 and the proposal is still pending till this date. The petitioner has appeared for NEET examination and she is desirous of securing admission to the engineering course. The last date prescribed for tendering the caste validation certificate as per the programme declared by the Directorate of Technical Education is 26.06.2018. The petitioner contends that her real brother by name Jayraj is in receipt of the validation certificate issued by the competent Scrutiny Committee on 06.05.2016.

Considering these aspects, there should not be any difficulty in considering the claim of the petitioner by the Scrutiny Committee on 22nd June 2018 and Scrutiny Committee shall extend an opportunity of hearing to the petitioner and shall also permit the petitioner to tender the documentary evidence for substantiating her claim. The Scrutiny Committee shall decide validity claim on 25.06.2018 and if the claim is allowed, the Committee shall provide the copy of validation certificate on the same day.

3 934WP6160-18 subject to the tendering of validation certificate as against the seat prescribed in scheduled caste category.

3.

In view of the directions as recorded above, the writ petition is disposed of.

4.

Rule made absolute to the extent as above. No costs. [ A. M. DHAVALE ] [ R. M. BORDE ] JUDGE JUDGE mta