Bombay High CourtWP/4388/2015dispossed offdismiss for default

Ashutosh S/O. Narayansingh Rajput v. The Divisional Caste Certificate Scrutiny Committee No. 2, Akola, Through Its Chairman

2015-09-09Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

wp.4388.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4388/2015 (Ashutosh s/o Narayansingh Rajput vs. The Divisional Caste Certificate Scrutiny Committee No.2, Akola and another) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. N.B.Kalwaghe, Advocate for the petitioner Mr. Nitin Rode, Assistant Government Pleader for respondent no1 CORAM : SMT. VASANTI A. NAIK & A.I.S.CHEEMA, JJ.

DATED : 9th September, 2015.

Heard.

By this petition, the petitioner seeks a direction to the respondent-Scrutiny Committee to decide the caste claim of the petitioner within a time-frame. The petitioner also seeks protection of his education till his caste claim is decided.

It is stated on behalf of the petitioner that though the caste claim of the petitioner is referred to the Scrutiny Committee on 14.8.2014, the same is not yet decided. It is stated that since the petitioner is taking education in Civil Engineering degree course, the education of the petitioner is required to be protected till his caste claim is decided.

Shri Nitin Rode, the learned Assistant Government Pleader appearing on behalf of the

wp.4388.15 Committee states on instructions, that the claim of the petitioner is pending before the Scrutiny Committee and the same would be decided as early as possible. In the circumstances of the case, we dispose of the Writ Petition with a direction to the Scrutiny Committee to decide the caste claim of the petitioner as early as possible and positively within a period of six months from the date of appearance of the petitioner before the Committee. The petitioner undertakes to appear before the Committee on 22 nd September, 2015. Since the petitioner is not at fault in not producing the caste validity certificate, his education is protected till his caste claim is decided. Order accordingly. No costs.

JUDGE JUDGE sahare