Devendra Narendra Jadhav v. The State Of Maharashtra And Others

1 WP - 8881-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8881 OF 2017 Devendra Narendra Jadhav .. Petitioner VS.

The State of Maharashtra and others .. Respondents ---- Mr. G.V. Wani, Advocate for the petitioner Mrs. A.V. Gondhalekar, A.G.P. for the respondent/State Mr. Y.B. Bolkar, Advocate i/b. Mr. A.B. Girase, Advocate for respondent no.3 ---- CORAM : S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE : 17-07-2017 ORAL ORDER :

1.

The petitioner was admitted to the Fourth respondent - College, affiliated to the Third respondent - University, on the strength of caste/tribe certificate. The tribe certificate dated 23/02/2015, relied upon by the petitioner, resulted in his admission and the same being forwarded by the College to the competent Scrutiny Committee. The Scrutiny Committee has not verified the claim and in the meanwhile, the petitioner has completed his study of First Year Engineering Course. He was allowed to attend the class and take

2 WP - 8881-2017 examination, however, the results of the Second Semester of the First Year though declared, have been withheld by the College. The College proposed cancellation of admission for non-submission of the validity certificate within the stipulated period.

2.

From the record, it is clear that the reasons for cancelling the admission, are untenable in law. The petitioner cannot be blamed, if the Committee is yet to scrutinize and verify the tribe claim. The Committee is in receipt of the claim since October, 2016. It has no time to scrutinize it.

3.

In such circumstances, we direct that the admission of the petitioner shall not be treated as cancelled. In the event, the petitioner has cleared First year examination, then, he may be allowed to take admission for the further Semesters. He should also be allowed to appear for the examination. The results shall also be declared and certificates shall also be awarded but all this will be conditional upon the petitioner producing the certificate of validity. This would mean the Committee must pass final order and the petitioner's admission is conditional upon the final orders of the Committee.

3 WP - 8881-2017 4.

In the event the petitioner is declared eligible for admission to further Semesters, then, our above directions shall follow. 5.

We direct the Scrutiny Committee (respondent no.2), to decide the caste claim of the petitioner expeditiously. 6.

Writ Petition is disposed of accordingly.

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