Bombay High CourtWP/1526/2015admittedallwdgrantedrule absolute

Ku. Nayana D/O Sanjay Raimulkar v. The Chairman, Regional Caste Verification Committee, Akola And Another

2015-10-08Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema1 pages

1 wp1526.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1526 OF 2015 [Ku. Nayana d/o Sanjay Raimulkar .vs. The Chairman, Regional Caste Verification Committee, Akola and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Ghare, counsel for the petitioner, Shri D.M. Kale, AGP for the respondent no.1.

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CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : OCTOBER 08, 2015.

Heard.

By this petition, the petitioner seeks a direction to the respondent - scrutiny committee for deciding the caste claim of the petitioner at the earliest. The petitioner also seeks the protection of her education in B.A.M.S. course, till her caste claim is decided. Shri Kale, the learned Assistant Government Pleader appearing on behalf of the scrutiny committee states, on instructions, that the caste claim of the petitioner is pending before the scrutiny committee and the vigilance inquiry is conducted in the matter. It is stated that the caste claim would be decided as early as possible. Since the caste claim of the petitioner is pending before the scrutiny committee, the petitioner is not at fault in not producing the caste validity certificate, within a reasonable time.

Hence, we allow the writ petition by directing the scrutiny committee to decide the caste claim of the petitioner, as early as possible and positively within a period of 15 months. The education of the petitioner is protected, till the caste claim of the petitioner is decided. This would mean that the petitioner should be permitted to attend the classes, appear at the examinations and the results of the petitioner should be declared, till her caste claim is decided. Order accordingly. No costs.