Miss Mansi Ashok Naranaware v. The Competent Authortiy Mht-Cet 2016 Thr Divisional Authority Dean Nagpur And Others

wp3434.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3434/2016 Miss. Mansi Ashok Narnaware ...Versus...

The Competent Authority, MHT-CET 2016, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.P. Khare, Advocate for petitioner, Shri N.R. Rode, AGP for respondents.

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

DATE : 22.06.2016 By this petition, the petitioner seeks a direction to the respondent no.2 - Directorate of Medical Education and Research to consider the claim of the petitioner for admission to the medical course from the Scheduled Tribes Category.

It is the case of the petitioner that the caste claim of the petitioner is pending before the Scrutiny Committee for verification and the Scrutiny Committee has not decided the same, till date. It is stated that the petitioner is desirous of seeking admission in the medical course, on a seat reserved for the Scheduled Tribes but the respondent nos.1 and 2 are not permitting the petitioner to participate in the admission process in the absence of the caste validity certificate. It is stated that in the circumstances of the case, a direction may be issued against the Scrutiny Committee to decide the caste claim of the petitioner as

wp3434.16.odt expeditiously as possible.

Shri Rode, the learned Assistant Government Pleader appearing on behalf of the respondents states, on instructions from the respondent no.2, that the candidates, like the petitioner, who do not possess the caste validity certificate are permitted to participate in the admission process only on the condition that they tender an undertaking before the respondent no.1 that his/her caste claim is pending before the Scrutiny Committee and the caste validity certificate would be submitted to the respondent no.1, within a period of three months. It is stated that if the petitioner furnishes the aforesaid undertaking, the claim of the petitioner for admission could be considered from the Scheduled Tribes Category, In view of the statement made by the learned Assistant Government Pleader, the grievance of the petitioner should stand redressed.

By accepting the statement made on behalf of the respondent no.1, that would be binding on the respondent no.1, we dispose of the writ petition with a direction to the respondent - Scrutiny Committee to decide the caste claim of the petitioner, as expeditiously as possible so that the petitioner could be able to submit the caste validity certificate, as per the undertaking. Order accordingly. No costs.

JUDGE JUDGE Gulande