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Bombay High CourtWP/5525/2015dispossed offdismiss for default

Shreyash S/O. Benishyam Movale v. The Secretary, Ministry Of Tribal Devp. Dept., Mumbai, And Others

2016-04-06Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

Order 0604wp5525.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION No. 5525/2015 WITH C.A.W.NO. 815/2016.

Shreeyash Benishyam Movale -VERSUSState of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

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

DATE : APRIL 06, 2016.

Heard Shri A.R. Prasad, learned Counsel for the petitioner and Mrs. M.S. Naik, learned A.G.P. for respondent nos. 1 to 4.

2.

The petitioner approached this Court to protect his education, as his caste claim was then pending. This Court has while issuing notice in the matter on 02.12.2015, protected his admission and education.

3.

Respondent State has pointed out that the caste claim of petitioner was invalidated and its copy is

Order 0604wp5525.15 forwarded to the petitioner on 06.01.2016. Civil Application No.815/2016 has been thereafter taken out to amend the petition. However, in amendment application there is no prayer to quash and set aside the adjudication by the Scrutiny Committee.

4.

Shri Prasad, learned Counsel for the petitioner is seeking further time to file appropriate application.

5.

In this situation, we grant leave to petitioner to file fresh petition challenging the order passed by the Scrutiny Committee on all available grounds. Such petition shall be filed within a period of three weeks from today. Interim orders granted by this Court on 02.12.2015 shall continue to operate for a period of three weeks and shall cease to operate automatically thereafter.

6.

Writ Petition is, accordingly disposed of.

No costs.

JUDGE JUDGE Rgd.