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Bombay High CourtWP/2027/2015dispossed offdismiss for default

Ku. Divya D/O Suresh Naidu Through Her Natural Guardian Father, Shri Suresh S/O H. Naidu v. The Vice-Chancellor/Registrar, Maharashtra University Of Health Sciences, Nashik And And 3 Others

2015-09-10Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

1009wp2027.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2027/2015 Ku. Divya d/o Suresh Naidu ...Versus...

The Vice-Chancellor/Registrar, Maharashtra University of Health Sciences, Mhasrul, Nashik and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Geeta Tiwari, Advocate for petitioner Shri N.R. Rode, AGP for respondent nos.2 to 4 CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : 10.09.2015 By this petition, the petitioner seeks a direction to the respondent - Scrutiny Committee to decide the caste claim of the petitioner as early as possible. The petitioner seeks the protection of her education till her caste claim is decided. The petitioner is admitted in the MBBS Degree Course on a seat that was reserved for the Scheduled Tribes. The petitioner claims to belong to the 'Mannewar' Scheduled Tribe. The caste claim of the petitioner was referred to the Scrutiny Committee for verification. The petitioner seeks a direction to the respondent - Committee to decide the caste claim within a time-frame and protect her education till the caste claim is decided.

1009wp2027.15.odt Shri Rode, the learned Assistant Government Pleader appearing on behalf of the 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 dispose of the writ petition with a direction to the Scrutiny Committee to decide the caste claim of the petitioner as early as possible and positively within a period of one year. The education of the petitioner is protected till her caste claim is decided meaning thereby that the petitioner's result should be declared and the petitioner should be permitted to prosecute her studies.

Order accordingly. No costs.

JUDGE JUDGE Wadkar