Dnyaneshwar Ravindra Patil v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6929 OF 2014 WITH CIVIL APPLICATION NO.3440/2015 Dnyaneshwar s/o Ravindra Patil - PETITIONER

VERSUS

The State of Maharashtra & Ors.

- RESPONDENTS ***** Mr. Vinod Prakash Patil, Advocate for Petitioner; Mr. GR Ingole, AGP for Respondent Nos.1 & 2;

Mr. Rupesh Bora, Adv. h/for Mr. AB Girase, Adv.for Respondent No.4.

CORAM :

S.S.SHINDE & P.R.BORA,JJ.

DATE : 25 th March,2015.

PER COURT:

1) Heard. Rule. Rule made returnable forthwith with the consent of learned Counsel for parties.

2) By this petition, the petitioner seeks directions to Respondent No.2 - Divisional Caste Certificate Verification Scrutiny Committee,

Dhule. Nashik No.2, to decide pending proposal of the petitioner for verification of his caste certificate within time frame. The petitioner also prays to direct Respondent Nos.3 to 5 not to take any coercive action against the petitioner on the ground of non-submission of Caste Validity certificate with further direction to Respondent No.4-University to declare result of the petitioner and allow him to take admission to next year.

3) By filing Civil Application, the applicant/petitioner sought directions against the respondent College and university to declare result of IInd year of Engineering course in respect of the applicant/petitioner.

4) The fact that the caste claim of the petitioner is pending with the Respondent No.2 - Scrutiny Committee, is not in dispute. Learned AGP has also ascertained that the Caste claim of the petitioner is pending with the Committee.

5) Upon perusal of the pleadings in the petition; grounds raised therein and the prayers in the petition as well as civil application, in our considered opinion, ends of justice would be met if Respondent No.2-Committee is directed to decide caste claim of the petitioner within stipulated period with further directions to Respondent Nos. 4 and 5 to allow the petitioner to prosecute his further studies by declaring his result and accepting Examination form for further examination, subject to outcome of the caste claim pending before the Committee.

6) In the light of above, Respondent No.2Committee is directed to decide the caste claim of the petitioner, as expeditiously as possible and preferably within a period of six months from today. We expect the petitioner to extend full cooperation for early disposal of the caste claim. We also direct Respondent Nos. 4 and 5 to allow the petitioner to prosecute his further studies by declaring his result and accepting

Examination form for further examination, subject to outcome of the caste claim pending before the Committee. Till the petitioner's caste claim is decided by respondent No.2-Committee, no adverse action be taken against the petitioner on the ground of non-submission of Caste Validity certificate. However, we make it clear that such protection granted in favour of the petitioner, shall be subject to outcome/decision of the pending caste claim of the petitioner before the committee.

7) Writ Petition as well as Civil application stand disposed of in the aforesaid terms.

(P.R.BORA) (S.S.SHINDE) JUDGE JUDGE bdv/