Ku. Rasna D/O Gulab Dadmal v. State Of Maharashtra, Thr. Secretary, Tribal Development Department, Mumbai And Others

1 943jgwp1664.19 .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No. 1664/2019 PETITIONER:- Ku. Rasna D/o Gulab Dadmal, Age 21 years, Occ. Student, R/o. C/o.

Burande, Layout, Warul (Raiway), Post Sewagram, Tah. & Dist. Wardha.

VERSUS

RESPONDENTS:

1.

State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai - 32.

2.

Scheduled Tribe Certificate Scrutiny Committee, Nagpur, through its MemberSecretary, Adhiwasi Vikas Bhawan, Giripeth, Nagpur.

3.

Maharashtra University of Health Sciences, Nashik, through its Registrar, Dindori Road, Mhasrul Nashik - 422 004.

4.

Kasturba Narsing College, Kasturba Health Society Sewagram, through its Principal, P.O. Sewagram, Ta. & Dist.

Wardha - 44102.

--------------------------------------------------------------------------------------------------- Shri Shankar Borkute, Advocate for petitioner. Shri N. H. Joshi, Advocate for respondent Nos. 1 and 2. Shri N.D. Thombre, Advocate for respondent No.3. Shri J.R. Kidilay, Advocate for respondent No.4. ------------------------------------------------------------------------------------------------- CORAM: R. K. DESHPANDE AND VINAY JOSHI, JJ.

DATE OF JUDGMENT :- 06.03.2019

2 943jgwp1664.19 .odt JUDGMENT (PER R. K. DESHPANDE, J.) Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2.

The claim of the petitioner for "Mana" Scheduled Tribe has not yet been decided by the Scrutiny Committee, though the matter was referred in the year 2014. The petitioner is undergoing Nursing Course in the respondent No. 4 - College. She has appeared for 3rd year Basic B.Sc. Nursing Course Examination but the result has been withheld due to non-submission of caste validity certificate. 3.

The Basic B.Sc. Nursing Course is of four year duration. The matter is pending with the Scrutiny Committee since 2014. We therefore, direct the Committee to decide the claim of the petitioner within a period of six months from today. The Respondents are directed to declare the result of the petitioner for 3rd year Basic B.Sc. Nursing Course Examination and to permit her to appear in the further examination, if she is found otherwise eligible, until decision on the validity of her caste claim.

Petition stands disposed of.

JUDGE JUDGE Gohane