Nilima W/O Pramod Ninawe v. Union Of India, Thr. Ministry Of Earth And Science And Its Metrological Dept., New Delhi And ORS

123-wp 2051-25.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.2051 OF 2025 Nilima Pramod Ninawe -Vs- Union of India, through Ministry of Earth and Science and ors. ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------- Mr. Ashish Chaware, counsel for the petitioner/s. Ms. Mugdha Chandurkar for respondent Nos.1 to 3. CORAM: NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATE : 17th April, 2025.

1.

Heard.

2.

Issue notice for final disposal of the matter to the respondents, returnable on 29/04/2025.

3.

Ms.Mugdha Chandurkar, learned counsel waives service of notice for the respondent Nos.1 to 3. 4.

Prima facie, we are at all not satisfied with the reasons furnished by the respondents in the order dated 19/02/2025, whereby the visit of the petitioner was not approved in view of the judicial proceedings being pending against her.

5.

The nature of proceedings, which is pending is the writ petition, wherein the petitioner has questioned the order of the Caste Scrutiny Committee. We fail to Kavita

123-wp 2051-25.odt 2/2 understand how pendency of such proceedings, will act an embargo on the right of the petitioner, when she being a citizen of India enjoys the fundamental right to move freely within the territory of India, however, we are equally required to be sensitive to the fact that the petitioner intends to travel abroad and the restrictions on such movement of the petitioner has to be reasonable. Mere pendency of the judicial proceedings that too which are in the nature of challenge to the order of the Caste Scrutiny Committee cannot be termed as an embargo on the right of the petitioner to travel abroad.

6.

We make it clear that if the reply is not placed on record by the said date, we will be constrained to permit the petitioner to travel abroad.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 22/04/2025 18:45:41 Kavita