Bombay High CourtWP/4349/2016dispossed offdismiss for default

Kailash S/O Hemant Nannaware v. Scheduled Tribe Cert. Scrutiny Committee, Gadchiroli Thr. Chairman, Gadchiroli And Others

2016-12-23Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

2312wp4349.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4349/2016 Kailash s/o Hemant Nannaware ...Versus...

Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli, through its Chairman and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.P. Dhok, Advocate for petitioner Shri A.S. Fulzele, Addl. G.P. for respondent nos.1 to 4 and 6 Shri N.S. Khubalkar, Advocate for respondent no.5 CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 23.12.2016 Heard.

By this petition, the petitioner challenges the order of the Scrutiny Committee, refusing to verify the caste claim of the petitioner on the ground that the caste certificate was not in proper form, i.e., Form-C.

We have perused the copy of the caste certificate and we find that the Scrutiny Committee was not justified in refusing to verify the caste claim of the petitioner. It would be necessary for the Scrutiny Committee to accept the caste claim of the petitioner, if the petitioner resubmits the same. Since we do not find that the Scrutiny Committee was justified in refusing to verify the caste claim, as we have held in other similar matters, we dispose of the writ petition with a

2312wp4349.16.odt direction to the Scrutiny Committee to decide the caste claim of the petitioner within fifteen months. If the Scrutiny Committee is of the view that the petitioner should furnish some documents, the petitioner should immediately supply the same to the Scrutiny Committee. The education of the petitioner is protected, till his caste claim is decided. If the petitioner does not co-operate with the Scrutiny Committee and does not supply the caste certificate or necessary documents, if required, the College and the University are free to take appropriate steps against the petitioner. Order accordingly. No costs.

JUDGE JUDGE Wadkar