Bombay High CourtWP/6963/2015dispossed offdismiss for default

Mr. Akash S/O. Manohar Dharne v. The Scheduled Tribe Caste Certificate Scrutiny Committee, Gadchiroli And Another

2016-03-11Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.6963 OF 2015 (Akash s/o Manohar Dharne vs. The Scheduled Tribe Caste Certificate Scrutiny Committee and another) __________________________________________________________________ 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 AND P.N. DESHMUKH, JJ.

DATED : MARCH 11, 2016 Heard Adv. Ramteke for petitioner and Mrs. Hiwase, learned Assistant Government Pleader for respondent no.1. Nobody appears for respondent no.2 though served.

The caste claim of the petitioner is under scrutiny of respondent no.1. The petitioner has been admitted to respondent no.2 Institute on the basis of caste certificate, which shows that he belongs to "Mana" (Scheduled Tribe).

Adv. Ramteke for the petitioner, in this situation, seeks a time bound disposal of the said case and an order protecting education of the petitioner in the meanwhile.

The learned Assistant Government Pleader submits that efforts will be made to dispose

1103wp6963.15 2/2 of caste claim of the petitioner in a stipulated time. In this situation, we direct petitioner to appear before respondent no.1 Committee on 18/4/2016 and to abide by its further instructions in the matter. The respondent no.1 Committee shall attempt to verify caste claim of the petitioner in accordance with provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Act No. XXIII of 2001) at the earliest and in any case, in next eight months. Till then, ongoing education of petitioner shall not be disturbed. If petitioner appears for any examination, his results thereof shall be provisionally declared. However, performance of petitioner and his education shall be subject to further orders of respondent no.1 Committee in the matter.

The petition is thus partly allowed and disposed of. No costs.

JUDGE JUDGE khj