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Bombay High CourtWP/4651/2015rejected at admission stage

Sandip S/O. Doma Kapgate v. Deputy Director Of Education, Nagpur Division, And Others

2016-03-18Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1803wp4651.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4651 OF 2015 (Sandip s/o Doma Kapgate vs. Deputy Director of Education, Nagpur Division, Nagpur & Ors.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

MARCH 18, 2016.

Shri Chande, learned counsel for the petitioner, Shri Rao, learned AGP for respondent Nos. 1 & 2, Shri Gaikwad, learned counsel for respondent No. 4 and Mrs. Khade, learned counsel for respondent No. 5.

The effort of the petitioner is to obtain a direction to a School and the Education Department to correct his caste in School Leaving Certificate. It is apparent that the petitioner has to approach the competent authority which issues the caste certificates and if he does not get caste certificates, he can challenge that order in appeal before the Scrutiny Committee. All contentions can be looked into by the authority issuing the certificate or by the appellate authority. Mention of a particular caste in any document is not decisive and ultimately claim is required to be validated by the caste scrutiny committee functioning under Section 6 of Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category

1803wp4651.15 (Regulation of Issuance & Verification of) Caste Certificates Act, (Act No. 23 of 2001).

We, therefore, find the grievance in the petition misconceived. Writ Petition is rejected. However, there shall be no order as to costs.

JUDGE JUDGE *GS.