Bombay High CourtCAW/1825/2015dispossed offdismiss for default

Vaibhav Vidyasagar Jadhao v. The Divisional Caste Scrutiny Committee No. 2, Akola Division And 2 Others

2015-09-07Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

WP1284-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.W. NO.1825/2015 IN WRIT PETITION NO. 1284/2015 (VAIBHAV VIDYASAGAR JADHAO VERSUS THE DIVISIONAL CASTE SCRUTINY COMMITTEE NO.2, AKOLA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Deepali Sapkal, counsel for the petitioner. Ms T. Khan, A.G.P. for the R-1 & 2.

Shri J.B. Kasat, counsel for the R-4.

CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : SEPTEMBER 7 , 2015.

Heard the learned counsel for the applicant.

It is stated that a copy of the civil application is duly served on the respondent no.3-College. It is stated that the College has informed the petitioner that the mark-sheet of the petitioner is not released by the University to the College and the same could be secured from the University.

In the circumstances of the case, since we had protected the ongoing education of the petitioner by our order dated 17.03.2015, it would be necessary to direct the University and the respondent no.3-College to release the mark-sheet of the petitioner if the same is withheld only because the petitioner has not submitted the caste validity certificate. The respondent nos.3 and 4 are, therefore, directed to release the mark-sheet of the petitioner immediately and also provisionally declare the result of the petitioner. If the petitioner has cleared the examination, the respondent nos.3 and 4 should accept the examination form of the petitioner for the next semester.

With the aforesaid directions, the civil application is disposed of. The petitioner undertakes to pay the difference in fees in view of the invalidation of his caste claim to the respondent no.3College within four weeks.

WP1284-15 Steno copy of the order is granted, on request. JUDGE JUDGE APTE