Bombay High CourtWP/198/2016dispossed offdismiss for default

Ku. Shital D/O Ashok Rajput (Jadhav) Thr Her Father Shri Ashok S/O Himmatrao Rajput (Jadhav) v. The Divisional Caste Certificate Scrutiny Committee No.2, Thr Its Chairman Akola And Others

2016-04-06Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.198 OF 2016 KU. SHITAL D/O ASHOK RAJPUT (JADHAV) THR HER FATHER SHRI ASHOK S/O HIMMATRAO RAJPUT (JADHAV) V/S THE DIVISIONAL CASTE CERTIFICATE SCRUTINY COMMITTEE NO.2, THR ITS CHAIRMAN AKOLA AND OTHERS ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr.N.B. Kalwaghe, counsel for the petitioner. Mr.N.R. Patil, AGP for the R-1.

CORAM : SMT. VASANTI A. NAIK & V. M. DESHPANDE, JJ.

DATE : APRIL 6, 2016.

By this writ petition, the petitioner seeks a direction to the Scrutiny Committee to decide the caste claim of the petitioner, within a time frame. The petitioner seeks the protection of her education, till her caste claim is decided.

Shri N.R. Patil, the learned Assistant Government Pleader appearing for the Scrutiny Committee states, on instructions, that the caste claim of the petitioner is pending before the Scrutiny Committee and the same would be decided as early as possible.

In view of the statement made by the learned Assistant Government Pleader, the Scrutiny Committee is directed to decide the caste claim of the petitioner, within a period of one year from the date of appearance of the petitioner before the Scrutiny Committee. The petitioner undertakes to appear before the Scrutiny Committee on

wp198.16 2/2 25.4.2016. Since the petitioner was not at fault in not producing the caste validity certificate, the education of the petitioner is protected, till her caste claim is decided. This would mean that the College should permit the petitioner to prosecute her studies and the petitioner should be permitted to appear at the examination, till her caste claim is decided. It is needless to mention that the results of the petitioner should be declared, if there is no any impediment in doing so, till her caste claim is decided.

Order accordingly. No costs.

JUDGE JUDGE !! BRW !!