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Bombay High CourtWP/7428/2015disposed offdismissed for default

Rahul Arjun Mande Through Natural Guardian Arjun Laxman Mande v. The Union Of India And Others

2015-07-23Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7428 OF 2015 RAHUL ARJUN MANDE THROUGH NATURAL GUARDIAN ARJUN LAXMAN MANDE

VERSUS

THE UNION OF INDIA AND OTHERS ...

Advocate for Petitioners : Mr. Vibhute Sunil M. ASG for respondents 1 and 2: Mr. S.B. Deshpande AGP for Respondent No.3: Mr. S.G. Sangle .....

CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATED : 23rd JULY, 2015 P.C. :- 1.

Mr. Vibhute, the learned counsel for the petitioner submits that the petitioner has applied to respondent No.3 for issuance of Tribe certificate in the prescribed form and the same is pending. The petitioner has passed entrance examination seeking admission to Jawahar Navodaya Vidyalaya, however, in absence of the tribe certificate, the petitioner is not being considered for admission. Learned counsel submits that real brother of the petitioner has been issued tribe certificate.

2.

Mr. Deshpande, the learned A.S.G., on instructions, submits that the respondent would give admission to the petitioner provided

wp7428.15 -2by 7.8.2015 the petitioner produces tribe/caste certificate to which the petitioner belongs.

3.

We have heard the learned A.G.P. also, who has stated that the application has been made by the petitioner seeking tribe certificate on 29.6.2015.

4.

The petitioner does not possess the tribe certificate. In absence of that no admission can be given. However, the learned A.S.G. has made a statement that they are ready to give admission to the petitioner and the petitioner shall produce the tribe certificate by 7.8.2015, in the light of that, we pass the following order:-

O R D E R

I.

The respondent No.3 shall decide the application of the petitioner seeking tribe certificate as belonging to Koli Mahadeo, Scheduled Tribe, expeditiously and in any case shall decide the same by 5.8.2015.

II.

Writ petition accordingly disposed of. No costs. ( V. K. JADHAV, J.) ( S. V. GANGAPURWALA, J. ) rlj/