Akshara Dattatraya Rautwad Minor Under Guardian Father D G Rautwad v. The Principal Jawahar Navodaya Vidhyalaya Jalna And Another

1 WP - 8704-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8704 OF 2017 AKSHARA DATTATRAYA RAUTWAD MINOR UNDER GUARDIAN FATHER D.G. RAUTWAD

VERSUS

THE PRINCIPAL JAWAHAR NAVODAYA VIDHYALAYA, JALNA AND ANOTHER ---- Mr. P.V. Jadhavar, Advocate for the petitioner Mr. S.G. Karlekar, A.G.P. for the respondent/State ---- CORAM : S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE : 07-07-2017 ORAL ORDER :

1.

The petitioner has applied to the second respondent for issuance of tribe certificate (Mannervarlu Scheduled Tribe) but no decision is yet taken on that application. In the meanwhile, the petitioner - a minor, is admitted to the first respondent institution entirely under the control of Ministry of Human Resources Development Department, Government of India. They insisted on a tribe certificate. Else, the petitioner would not be permitted to attend Sixth standard classes.

2 WP - 8704-2017 2.

Once the petitioner has made an application and she is not at fault for the delay caused in issuance of the same, we issued notice to the respondents.

3.

Mr. Karlekar, on instructions from the second respondent, states that by 11th July, 2017, the certificate will be issued. We accept this statement made on instructions as an Undertaking to this Court. 4.

We direct that the Principal of the first respondent shall allow the petitioner to attend the classes till the petitioner produces the tribe certificate. The moment it is received, he will duly forward it. This order is passed so as not to waste the academic session and in the facts peculiar to this case. It will not be treated as a precedent in future.

5.

Writ Petition disposed of accordingly.

[MANGESH S. PATIL] [S.C. DHARMADHIKARI] JUDGE JUDGE arp/