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Bombay High CourtWP/6138/2018disposed offdismissed for default

Prajwal Anilkumar Muddamwar Through Father Anilkumar Sayalu Muddamwar v. The Sub Divisional Officer Degloor And Others

2018-06-20Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice Arun M. Dhavale3 pages

1 927WP6138-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION NO. 6138 OF 2018 Prajwal Anilkumar Muddamwar, Age : 17 years, Occu : Education, Through natural guardian i.e. Father Anailkumar Sayalu Muddamwar Age : 53 years, Occu: Service, R/o, Zenda Chowk, Nanded.

Tq. & Dist. Nanded.

...Petitioner

Versus

1. Sub Divisional Officer, Degloor, Tq. Degloor, Dist. Nanded.

2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary. ... Respondents. Mr. S.S. Phatale, Advocate for Petitioner Mr. P.S. Patil, AGP for Respondent State CORAM : R. M. BORDE & A. M. DHAVALE, JJ.

DATE : 20th JUNE, 2018.

PER COURT:- 1.

The petitioner claims to belong to 'Mannervarlu' scheduled tribe. Since the caste certificate issued to the petitioner by the Sub Divisional Officer records a mistake relating to spelling of the name of the tribe, the Scrutiny Committee has refused to accept the proposal. The petitioner is desirous of securing admission to

2 927WP6138-18 engineering course and he appeared for Joint Entrance Examination JEE (main) 2018 conducted by the Directorate of Technical Education. The petitioner shall have to secure corrected certificate from Sub Divisional Officer and shall have to tender the proposal for validation of the tribe certificate from the competent Scrutiny Committee. The petitioner shall approach the Sub Divisional Officer, Nanded with the original tribe certificate which was already issued to him indicating incorrect spelling and on tendering of the original tribe certificate, the Sub Divisional Officer without embarking any inquiry into the matter, shall issue corrected scheduled tribe certificate by 25th June, 2018.

On receipt of the tribe certificate, petitioner shall tender proposal for verification of the tribe certificate to the competent Scrutiny Committee by 27th June, 2018. The Scrutiny Committee shall accept the proposal directly and shall not insist upon the petitioner to tender the same. On receipt of the proposal for verification, the Scrutiny Committee shall send the matter for vigilance inquiry and shall issue necessary directions for submission of the vigilance report by 11th July, 2018. On receipt of the vigilance report by 11th July, 2018, the same shall be furnished to the petitioner. The copy thereof shall be issued to the petitioner on 11th July, 2018. The petitioner shall collect the copy of the vigilance report from the Scrutiny Committee and shall not insist upon transmission of the copy by registered post. A .D.

3 927WP6138-18 shall tender the objection/say to the vigilance cell by 25th July, 2018. The Scrutiny Committee shall permit the petitioner to tender the documentary evidence if any, and shall extend certificate to him and shall decide the matter by 1st August, 2018. On receipt of the validation certificate if any, the petitioner shall tender the same to the admission authority. The petitioner shall be entitled to claim non CAP round seat as provided in para 5 under the title of the important notes containing admission notification. Until the receipt of the validation certificate, the petitioner shall be entitled to claim the admission to engineering course as a open category candidate and there shall be no impediment for the admission. 2 With the above directions, the writ petition is disposed of. [ A. M. DHAVALE ] [ R. M. BORDE ] JUDGE JUDGE mta