Bombay High CourtWP/3532/2016admittedallwdgrantedrule absolute

Shubham S/O Gopalrao Dahelkar v. Divisional Caste Scrutiny Committee No.3, Nagpur Thr. Research Officer And Another

2016-07-04Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi1 pages

1 wp3532.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3532 OF 2016 [Shubham s/o Gopalrao Dahelkar .vs. Divisional Caste Scrutiny Committee No.3, Nagpur 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 A.R. Ingole, counsel for the petitioner, Shri V.P. Maldhure, AGP for respondent no.1.

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

DATED : JULY 04, 2016.

The only prayer made by the petitioner in the instant petition is for a direction against the respondent-scrutiny committee to decide the caste claim of the petitioner within a time frame and also a direction against the respondent no.2 to protect the education of the petitioner, till his caste claim is decided.

Shri Maldhure, 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 respondentscrutiny committee is directed to decide the caste claim of the petitioner within one year. Since the petitioner was not at fault in not producing the caste validity certificate, we direct the respondent no.2 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, the results of the petitioner should be declared and the mark-sheet be supplied to him, if there is no other impediment in doing so. Order accordingly. No costs. JUDGE JUDGE Gulande