Bombay High CourtWP/3304/2015dispossed offdismiss for default

Mandar S/O Mohan Potdukhe Through His Guardian, Mohan S/O S. Potdukhe v. The Divisional Caste Scrutiny Committee No. 1, Nagpur Division And Others

2016-04-20Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1 2004wp3304.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3304 OF 2015.

Mandar Mohan Potdukhe ..vs...

The Divisional Caste Scrutiny Committee & ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Abhay Sambre, Advocate for the petitioner. Mrs.A.R.Taywade, AGP for respondent nos.1 to 3. Mr.A.A.Naik, Advocate for respondent nos.4 and 5. CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : APRIL 20, 2016.

In the wake of order dated 26th of February, 2016, we have heard Advocate Shri Abhay Sambre for petitioner, learned AGP for respondent nos.1 to 3 and Advocate Naik for respondent nos.4 and 5.

Learned AGP states that as per orders of this Court, respondent no.3 Divisional Caste Scrutiny Committee at Akola has accepted the caste claim of the petitioner for verification.

This Court has on 15th of June, 2015 while issuing notice in the matter granted ad interim relief thereby respondent nos.4 and 5 were called upon to accept admission form of petitioner in OBC category and process it accordingly. Petitioner has been thereafter admitted as OBC candidate in respondent no.8 - College and is undertaking education.

2 2004wp3304.15.odt We have already taken note of the fact that the caste claim of real sister of petitioner is already validated.

In this situation, we direct respondent no.3 to complete exercise of verification in accordance with the Maharashtra scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act (Act No.23 of 2001) within one year. Ongoing education of petitioner shall not be disturbed in any way in the meanwhile.

This order shall remain in operation till Caste Scrutiny Committee takes decision on caste claim and is subject to it. With this direction writ petition is partly allowed and disposed of.

No costs.

JUDGE JUDGE Chute.