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Bombay High CourtCAW/1092/2020allowed

Ku. Srushti D/O Ganesh Dikondwar v. Joint Commissioner And Vice Chairman, Scheduled Tribe Scrutiny Committee, Nagpur And Others

2020-11-03Hon'Ble The Chief Justice,Hon'Ble Shri Justice Ravi K. Deshpande2 pages

30CAW 1092.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (W) NO. 1092 OF 2020 IN WRIT PETITION NO. 1225 OF 2020 Ku. Shrushti d/o Ganesh Dikondwar, Nagpur Vs.

Joint Commissioner & Vice-Chairman, Schedule Tribe Scrutiny Committee & Ors.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri S.R. Narnaware, Advocate for the applicant/petitioner. Shri A.M. Deshpande, A.G.P. for the respondent No.1. Ms. Sushma, Advocate for the respondent Nos.2 and 3. CORAM : DIPANKAR DATTA, CJ. AND R.K. DESHPANDE, J.

DATED : NOVEMBER 03, 2020.

P. C.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

An order dated 15/02/2020, invalidating the caste status of the petitioner, is under challenge in the Writ Petition. While the Writ Petition was pending on the file of this Court, the petitioner's admission in the National Fire Service College has been cancelled. By filing a Civil Interim Application bearing No.1092/2020, the petitioner seeks to amend the Writ Petition by laying a challenge to the order of cancellation of admission.

30CAW 1092.2020.odt

3. The civil application is opposed by Ms.Sushma, learned Advocate for the respondents 2 and 3.

4. We find from the record that the Writ Petition is yet to be admitted. Also, we are of the view that amendment, as prayed for, would not change the nature and character of the lis between the parties.

5.

In such view of the matter, we allow the civil application for amendment. Let amendment be carried out within one week from today. There shall be no order for costs.

6.

The order be communicated to the counsel appearing for the parties, either on the e-mail address or on WhatsApp or by such other mode, as is permissible in law. (R.K. DESHPANDE, J.) (CHIEF JUSTICE) Sumit