Bombay High CourtWP/6423/2016admittedallwdgrantedrule absolute

Vraj S/O Girish Patel v. The State Of Maharashtra Through Secretary, Social Welfare Department, Mumbai And Others

2016-12-02Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

WP6423-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6423/2016 (VRAJ GIRISH PATEL VERSUS THE STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri G.R. Kothari h/f Shri V.R. Choudhari, counsel for the petitioner. Mrs. H. Prabhu, A.G.P. for the R-1 & 2.

CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : DECEMBER 2 , 2016.

By this writ petition, the petitioner seeks a direction against the scrutiny committee to decide the caste claim of the petitioner, within a time frame. The petitioner seeks a direction against the respondent no.3 to protect the education of the petitioner till his caste claim is decided.

Mrs. Prabhu, the learned Assistant Government Pleader appearing for the respondent nos.1 and 2, states that the caste claim of the petitioner is pending before the scrutiny committee and the same would be decided as early as possible.

Since the caste claim of the petitioner is pending before the scrutiny committee, the education of the petitioner needs to be protected, as the petitioner is not at fault in not producing the caste validity certificate.

Hence, we allow the writ petition and direct the scrutiny committee to decide the caste claim of the petitioner within one year from the date of appearance of the petitioner before the scrutiny committee. The petitioner undertakes to appear before the

WP6423-16 scrutiny committee on 19.12.2016. The education of the petitioner is protected till his caste claim is decided. Order accordingly. No costs.

JUDGE JUDGE APTE