Bombay High CourtWP/163/2016admittedallwdgrantedrule absolute

Swapna D/O Gangadhar Bharade v. The Schedule Tribe Cert Scrutiny Committee Gadchiroli Division Thr Its Joint Commissioner And Other

2016-07-27Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi3 pages

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.163/2016 (Swapna d/o Gangadhar Bharade vs.The Schedule Tribe Certificate Scrutiny Committee and others ) .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. S.D.malke, Adv. for the petitioner Mr. Ambarish Joshi, Asst.Government Pleader for respondent nos.1 &2 Mr.Nitin Rode, Asst.Govt.leader for respondents 2 and 3 CORAM : SMT. VASANTI A NAIK & MRS.SWAPNA JOSHI, JJ.

DATED : 27th July, 2016 Heard.

By this Writ Petition, the petitioner seeks a direction to the respondent-Scrutiny Committee to decide the caste claim of the petitioner, at the earliest. The petitioner seeks a direction against the respondent nos.3 and 4 not to cancel the admission of the petitioner in the B.Tech Engineering course, till her caste claim is decided. Shri Ambarish Joshi, the learned Assistant Government Pleader appearing for the respondentScrutiny Committee states on instructions, that the caste claim of the petitioner is pending with the Scrutiny Committee and the Committee would decide the same as early as possible.

In view of the statement made by the learned Assistant Government Pleader, we allow

the Writ Petition. The Scrutiny Committee is directed to decide the caste claim of the petitioner within one year. Since the petitioner is not at fault in not producing the caste validity certificate, we protect the education of the petitioner till her caste claim is decided. This would mean that the petitioner should be permitted to attend the classes, to appear at the examination and the results of the petitioner should be declared , if there is no other impediment in doing so, till the caste claim of the petitioner is decided.

Order accordingly. No costs.

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