Bombay High CourtWP/537/2015rule made absolute

Injamam Gous Jamadar v. Walchand College Of Engineering And ORS.

2015-02-12Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Smt. Justice Vasanti A. Naik2 pages

915.WP537_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 537 OF 2015 Injamam Gous Jamadar ... Petitioner vs.

Walchand College of Engineering & Ors.

...

Respondents Mr. Mujahid Ansari, Advocate i/b. Mr. R.M. Momim for the petitioner. Mr. Vikas Mali, AGP for the State.

CORAM : SMT. VASANTI A. NAIK & C.V. BHADANG, JJ.

DATE : 12th February, 2015.

ORAL JUDGMENT (Per Smt. Vasanti A. Naik, J.) Rule. Rule made returnable forthwith. The Petition is heard finally with the consent of the learned counsel for the parties. By this Petition, the petitioner seeks a direction to the respondent no. 2-Scrutiny Committee to decide the caste claim of the petitioner within a reasonable time. The petitioner also seeks a direction to the respondent no. 1 to declare the result of the final year B. Tech. Mechanical Engineering examination.

It is submitted on behalf of the petitioner that though the petitioner had submitted the caste certificate to the Scrutiny Committee for verification, the Scrutiny Committee has not verified the same till date. It is stated that the respondent no. 1/College has not declared the result of the petitioner, as the petitioner has not produced the caste validity

915.WP537_2015.doc certificate.

Mr. Mali, the learned Assistant Government Pleader for the respondent no. 2/Scrutiny Committee states, on instructions, that the respondent no. 2 would decide the caste claim of the petitioner as early as possible and positively within a period of six months. In view of the statement made by the learned Assistant Government Pleader, the Writ Petition is allowed. The respondent no. 2/Scrutiny Committee is directed to decide the caste claim of the petitioner as early as possible and positively within a period of six months from the date of appearance of the petitioner before the Scrutiny Committee. The petitioner undertakes to appear before the Scrutiny Committee on 2nd March, 2015. Since the petitioner was not at fault in not producing the caste validity certificate, the education of the petitioner is protected till his caste claim is decided and hence, the respondent no. 1 should declare the result of the petitioner immediately. Rule is made absolute in the aforesaid terms, with no order as to costs.

(C.V. BHADANG, J.) (VASANTI A. NAIK, J.)