Bombay High CourtWP/3431/2016admittedallwdgrantedrule absolute

Shailesh S/O. Vasanta Shingade v. Divisional Caste Scrutiny Committee No.2, Akola And Another

2016-07-08Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi1 pages

1 wp3431.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3431 OF 2016 [Shailesh s/o Vasanta Shingade .vs. Divisional Caste Scrutiny Committee No.2, Akola and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H.R. Gadhia, counsel for the petitioner, Mrs. Kalyani Deshpande, AGP for respondent no.1. ..........

CORAM : SMT. VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATED : JULY 08, 2016.

By this writ petition, the petitioner seeks a direction against the respondent no.1-scrutiny committee to decide the caste claim of the petitioner within a time frame. The petitioner seeks a direction against the respondent no.2-University to protect the education of the petitioner, till his caste claim is decided.

Mrs. Deshpande, the learned Assistant Government Pleader appearing for the scrutiny committee states, on instructions, that the caste claim of the petitioner is pending with the scrutiny committee and the same could be decided as early as possible. In view of the statement made by the learned Assistant Government Pleader, we allow the writ petition. The respondent no.1scrutiny committee is directed to decide the caste claim of the petitioner within eight months. Since the petitioner was not at fault in not producing the caste validity certificate, we direct the respondent no.2-University to 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, to appear at the examination and the results of the petitioner should be declared, if there is no other impediment in doing so. Order accordingly. No costs. JUDGE JUDGE Gulande