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Bombay High CourtWP/6288/2015dispossed offdismiss for default

Sanket S/O. Ramchandra Jiwtode, Through Gardian Ramchandra Dajibaji Jiwtode v. Scheduled Tribes Caste Scrutiny Committee, Nagpur, Through Its Member Secretary And Others

2016-05-02Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

wp6288-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Writ Petition No.6288 of 2015 Sanket s/o Ramchandra Jiwtode Through Guardian father Ramchandra Dajibaji Jiwtode Vs.

Scheduled Tribes Caste Scrutiny Committee, Nagpur, Through its Member secretary & 2 others.

__________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R.S. Parsodkar, counsel for petitioner.

Mrs. Hiwase. AGP for respondent nos. 1 & 2.

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

DATE : 2nd MAY, 2016.

Caste claim is still reported to be pending. Respondent no.1 has filed reply affidavit and pointed out that more than two thousand caste claims are under verification. This Court on 21.11.2015 while issuing notice for final disposal protected education of petitioner.

The counsel for petitioner submits that cousin brother of petitioner namely Pravinkumar Arunrao Jiwtode has been given validity as belonging to 'Mana" Scheduled Tribe as per orders of Hon'ble Apex Court in Civil Appeal No. 5270/2004.

The validity given to Pravinkumar Arunrao Jiwtode is therefore not obsolete. The Scrutiny Committee has to evaluate caste claim of petitioner

wp6288-15 independently. We, therefore, direct respondent no. 1 Committee to complete the process within a period of one year from the date on which the petitioner is directed to appear before it. We direct the petitioner to appear before Committee on 17.6.2016 and to abide by its further instructions in the matter. He shall attempt to complete verification in accordance with Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, within next one year. Till then education of petitioner is protected. If he appears for any examination, his result shall be declared and it will be provisional and subject to further orders on his caste claim.

The interim arrangement shall be at the risk and cost of petitioner. The interim arrangement shall cease to operate automatically after adjudication by Hon'ble Supreme Court.

Writ petition is thus partly allowed and dispose of. No costs.

JUDGE JUDGE Hirekhan