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Bombay High CourtCAW/1540/2022allowed

Abhishek Ajay Donge And Others v. State Of Maharashtra, Through Secretary, Tribal Development Department, Mumbai And Others

2022-08-19Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice G. A. Sanap2 pages

1-WP-3906-21 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.3906 OF 2021 Abhishek Ajay Donge and ors.

-vsState of Maharashtra Thr. Secretary, Tribal Development Dept. Mantralaya, Mumbai and ors. -------------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri Gopal G. Mishra, Advocate for petitioners/applicants. Shri A. M. Kadukar, Assistant Government Pleader for respondent No.1, 2, 4 and 5.

CORAM : A. S. CHANDURKAR AND G. A. SANAP, JJ. DATE : August 19, 2022 Civil Application No.1540/2022 Notice on the application is made returnable forthwith. Learned Assistant Government Pleader waives notice for respondent Nos.1,2, 4 and 5. Since the respondent No.3 did not appear when the writ petition was decided, it is not found necessary to issue notice to the said respondent considering the prayer made in the present application.

By judgment dated 18/02/2022 the aforesaid writ petition was allowed and it was declared that the petitioners had proved that they belong to 'Thakur' (Scheduled Tribe). Insofar as petitioner No.1 is concerned, it was directed that the respondent No.3 College should release the mark-sheet of the said petitioner. In the present application it is stated that the petitioner No.1 has not yet received his College Leaving Certificate and the degree obtained by him from the said College. This is for want of any direction in the aforesaid judgment.

1-WP-3906-21 2/2 We find that the claim of the petitioners having been accepted and consequential relief having been granted, the petitioner No.1 would also be entitled to receive his College Leaving Certificate as well as the degree obtained by him from the respondent No.3-College if there is no other legal impediment.

With these observations, the application is allowed and disposed of. The necessary steps be taken within period of two weeks from receiving copy of this order.

(G. A. Sanap, J.) (A. S. Chandurkar, J.) Asmita ADWAIT BHANDAKKAR 10:28:02