Mousam S/O Tarachand Deshmukh v. State Of Maha. Thr. Secretary, Department Of Tribal Development, Mumbai And Others

8.8WP.3701.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3701 OF 2017.

(Mousam Tarachand Deshmukh .vs. The State of Maharashtra & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Rohan Chandurkar, Advocate for petitioner, Mr. M.K. Pathan, A.G.P. for respondent nos. 1 & 2. CORAM : B.P. DHARMADHIKARI & ARUN D. UPADHYE, JJ. DATED : AUGUST 8, 2017.

The learned Counsel for the petitioner does not dispute that in view of recent judgment in the case of Chairman and Managing Director, Food Corporation of India and others .vs. Jagdish Balaram Bahira and others reported in 2017(4) Mh.L.J. 899, legally no intervention is possible. He, however, submits that because of the order dated 17.10.2012 passed in the Writ Petition No. 4431 of 2012 passed by this Court, petitioner has completed his education and become a graduate in Engineering. The petitioner is ready and willing to pay the difference in tuition fees and other charges to his college as an open category candidate. Request is to direct the respondent no.4 University to release in his favour his mark-sheet and degree.

Mr. Rohan Chandurkar, learned Advocate for petitioner, also points out that here caste claim remained pending for about five years.

The learned A.G.P. is opposing the request. He relies

8.8WP.3701.17 upon the above mentioned judgment.

In the light of law laid down by Hon'ble Apex Court, it is apparent that the request of petitioner cannot be looked into by this Court.

Hence, the petition is rejected.

Judge Judge.

J.