Bombay High CourtWP/3297/2016admittedallwdgrantedrule absolute

Sheban Khan S/O Nasir Khan v. The Divisional Caste Scrutiny Committee No. 3, New Administrative Building No. 2, Nagpur And Other

2016-07-07Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi1 pages

1/1 wp3297.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.3297 OF 2016 Sheban Khan s/o Nasir Khan -vsThe Divisional Caste Scrutiny Committee, Nagpur and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ None for the petitioner.

Mr.A.M.Balpande, AGP for the respondent No.1. CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATE : 07.07.2016.

By this writ petition, the petitioner seeks a direction against the Scrutiny Committee to decide the caste claim of the petitioner within a time frame. The petitioner also seeks a direction against the College and the University to protect the education of the petitioner till his caste claim is decided.

Shri A.M.Balpande, the learned Assistant Government Pleader appearing for the respondent-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 on behalf of the respondent-Scrutiny Committee, we allow this writ petition. The Scrutiny Committee is directed to decide the caste claim of the petitioner within a period of one year. Since the petitioner was not at fault in not producing the caste validity certificate, we protect the education of the petitioner till his caste claim is decided. This would mean that the petitioner should be permitted to attend the classes, appear at the examination and the result of the petitioner should be declared, if there is no other impediment in doing so, till his caste claim is decided.

Order accordingly. No costs.

JUDGE JUDGE KHUNTE