Kamlesh Bhaskar Shewale v. The State Of Maharashtra And Others

1 W.P.No.7479/15 UNREPORTED

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.7479 OF 2015

1. Kamlesh Bhaskar Shewale, Age 19 years, Occ.Student, At Post Hol, Tal. Shindkheda, Dist.Dhule.

... Petitioner.

Versus

1. The State of Maharashtra, through the Department of Technical Education and Sport Department, Mantralaya, Mumbai.

2. The North Maharashtra University, Jalgaon, Dist.

Jalgaon, through its Registrar,

3. The Principal, R.C.Patel Institute of Technology, Shirpur (Dhule), Dist.Dhule.

4. The Divisional Caste Certificate Scrutiny Committee, Number -2, Head Office, Dhule, Dist Dhule.

... Respondents.

...

Mr.M.V.Bhamre, advocate for the petitioner.

2 W.P.No.7479/15 Mr.P.P.More, Asstt. Govt. Pleader for the State. Mr.D.S.Bagul, advocate for Respondent No.3.

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

Date : 27.07.2015.

ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1.

Heard.

2.

Rule. Rule made returnable forthwith.

With the consent of the parties, taken up for final hearing.

3.

The learned counsel for the petitioner states that petitioner is taking education with Respondent No.3 institution. The proposal in respect of caste claim of the petitioner as belonging to Chambhar caste is pending consideration with the Committee. However, the Respondent No.3 has issued notice stating that as validity certificate is not produced, admission to 2nd year would not be granted.

4.

The learned Asstt. Govt. Pleader states that it would take some time to decide the

3 W.P.No.7479/15 validation proceedings. The learned counsel for Respondent Nos.3 and 4 submit that as validity is not yet submitted by the petitioner, the admission of the petitioner can not be continued. 5.

It is not disputed that in 2015, the proposal in respect of the caste claim of the petitioner is forwarded to the Committee and the same is pending. To get the proceedings decided within a particular time frame is not in the hands of litigant.

6.

In light of that, we pass the following order :

a) The Respondent No.4 shall decide validation proceedings in respect of the caste claim of the petitioner expeditiously and preferably within nine (9) months.

The petitioner shall cooperate in expeditious disposal of the proceedings. The impugned notice is quashed and set aside. The Respondent Nos.2 and 3 shall not refrain the petitioner from prosecuting further studies only on the ground

4 W.P.No.7479/15 that validation proceedings are pending. Ofcourse Respondent Nos.2 and 3 can take further course of action depending upon the judgment delivered by the Committee in validation proceedings.

b) The Writ Petition is disposed of. No costs.

sd/- sd/- (V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.) asp/office/wp7479.15

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