Bombay High CourtWP/3939/2015dispossed offdismiss for default

Ku. Saundarya D/O. Laxman Ganjiwar v. State Of Maharashtra, Through Its Secretary, Ministry Of Tribal Welfare Dept. And Others

2016-05-03Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3939 OF 2015 (Ku. Saundarya d/o Laxman Ganjiwar vs. State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri K. Nalamwar, Advocate for petitioner.

Smt. K.S. Joshi, Assistant Government Pleader for respondent nos.1 and 2.

----------- CORAM : B.P. DHARMADHIKARI AND P.N. DESHMUKH, JJ.

DATED : MAY 3, 2016 According to Adv. Nalamwar for petitioner, caste claim of petitioner is still not decided.

Smt. Joshi, learned Assistant Government Pleader is seeking time to verify the correct position. This Court has on 25/8/2015 passed interim order thereby enabling petitioner to prosecute her studies.

In this situation, we find that interest of justice can be met with by directing petitioner to appear before respondent no.2 Committee on 16/5/2016 and to abide by its further instructions in the matter. The Scrutiny Committee shall attempt to complete verification in accordance with The

2/3 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, 2000 (Act No. XXIII of 2001) within period of eight months thereafter. During pendency of matter before Scrutiny Committee, respondents shall not disturb on-going education of petitioner. If petitioner appears for any examination, her result shall be provisionally declared. However, prosecution of studies by her shall be subject to further orders of Scrutiny Committee in this respect.

This interim direction shall continue till the caste claim is decided by respondent no.2 Scrutiny Committee.

This order shall apply if caste claim of petitioner is not decided by respondent no.2. The writ petition is thus partly allowed and disposed of. No costs.

In view of above, Civil Application No.1691/2015 stands disposed of.

JUDGE JUDGE

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