Bombay High CourtWP/6799/2016admittedallwdgrantedrule absolute

Pawandeo Shriram Yadav v. Divisional Caste Certificate Verification Committee And Others

2016-12-16Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

WP6799-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6799/2016 (PAWANDEO SHRIRAM YADAV VERSUS DIVISIONAL CASTE CERTIFICATE VERIFICATION COMMITTEE, NAGPUR & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.A. Gawande, counsel for the petitioner. Shri A.M. Balpande, counsel for the R-1.

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

DATE : DECEMBER 16 , 2016.

Heard.

By this writ petition, the petitioner seeks a direction against the scrutiny committee to decide the caste claim of the petitioner within a stipulated time. The petitioner seeks a direction against the respondent no.2-University and the respondent no.3-College to protect the education of the petitioner till his caste claim is decided.

Shri Balpande, the learned Assistant Government Pleader appearing for the scrutiny committee, states on instructions that the caste claim of the petitioner is pending and the same would be decided as early as possible.

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

WP6799-16 Hence, the writ petition is allowed. The respondent-Scrutiny Committee is directed to decide the caste claim of the petitioner with six months. Since it is informed that the petitioner is not cooperating with the scrutiny committee, the petitioner is directed to remain present before the scrutiny committee as and when required. The education of the petitioner is protected till his caste claim is decided. This would mean that the petitioner should be permitted to attend the classes, appear at the examinations and the results of the petitioner should be declared, if there is no other impediment in doing so.

Order accordingly. No costs.

JUDGE JUDGE APTE