Bombay High CourtWP/1883/2016admittedallwdgrantedrule absolute

Mahesh S/O. Madhukar Suradkar Thr. Father Shri. Madhukar S/O. B. Suradkar v. The Divisional Caste Certificate Scrutiny Committee No. 2, Akola Thr. Chairman And Others

2016-03-30Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande2 pages

3003wp1883.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1883/2016 Mahesh s/o Madhukar Suradkar ...Versus...

The Divisional Caste Certificate Scrutiny Committee No.2, Akola, Tah. and Distt. Akola, through its Chairman and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.B. Kalwaghe, Advocate for petitioner Mrs. G.R. Tiwari, AGP for respondent no.1 Shri K.S. Malokar, Advocate for respondent no.3 CORAM : SMT. VASANTI A. NAIK AND V.M. DESHPANDE, JJ.

DATE : 30.03.2016 By this writ petition, the petitioner seeks a direction to the respondent no.1- Scrutiny Committee to decide the caste claim of the petitioner as early as possible. The petitioner also seeks a direction to the respondent nos.2 and 3 to protect the education of the petitioner, till his caste claim is decided. The petitioner was admitted in the M.B.B.S. course in the respondent no.2 - College on a seat earmarked for the 'Vimukta Jati (A)' category in August, 2015. Though the claim of the petitioner of belonging to 'Rajput Bhamta' Vimukta Jati (A) is referred to the Scrutiny Committee for verification in July 2014, the respondent - Scrutiny Committee has not decided the same. Since the petitioner apprehends that the

3003wp1883.16.odt education of the petitioner would be disturbed, the petitioner has filed the instant petition seeking the aforesaid relief. Mrs. Tiwari, 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 same would be decided 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 a period of fifteen months. Since the petitioner was not at fault in not producing the caste validity certificate, the education of the petitioner is protected. This would mean that the petitioner should be permitted to appear at the examination and the result of the petitioner should be declared, if there is no other impediment in during so.

No costs.

JUDGE JUDGE Wadkar