2020 NearLaw (BombayHC Nagpur) Online 1511
Bombay High Court

JUSTICE A. S. CHANDURKAR JUSTICE VINAY JOSHI

Akshay S/o Narayan Umate Vs. The State of Maharashtra & Ors.

WRIT PETITION NO. 4032/2017

21st January 2020

Petitioner Counsel:
Respondent Counsel: Ms. H. Jaipurkar

HeadNote : Heard learned Assistant Government Pleader for respondent Nos.
The petitioner is pursuing his study in the engineering course with respondent No 4 College.
The petitioner has claimed admission in the reserved category for said course.
The petitioner claims to be belonging to Kunbi caste which is recognized as OBC at Serial No 83 under the Government Resolution dated CBC-1467/M dated 13.10.1967.
The petitioners caste claim was forwarded for verification and issuance of validity certificate to the the respondent No 2 Divisional Caste Certificate Scrutiny Committee, Nagpur.
The petitioner has produced all original documents in support of his caste claim, however, the Scrutiny Committee has not decided the same.
The petitioner is seeking direction to the Scrutiny Committee to decide the caste claim within stipulated period.
Till the decision of the Scrutiny Committee, the petitioners admission stands protected.
Petition stands disposed of accordingly.

Cases Cited :

JUDGEMENT

VINAY JOSHI, J.

1. Rule made returnable forthwith. None present for petitioner. Heard learned Assistant Government Pleader for respondent Nos. 1 to 3.

2. The petitioner is pursuing his study in the engineering course with respondent No. 4 – College. The petitioner has claimed admission in the reserved category for said course. The petitioner claims to be belonging to ‘Kunbi’ caste which is recognized as O.B.C. at Serial No. 83 under the Government Resolution dated CBC-1467/M dated 13.10.1967. The petitioner’s caste claim was forwarded for verification and issuance of validity certificate to the the respondent No. 2 – Divisional Caste Certificate Scrutiny Committee, Nagpur. The petitioner has produced all original documents in support of his caste claim, however, the Scrutiny Committee has not decided the same. The petitioner is seeking direction to the Scrutiny Committee to decide the caste claim within stipulated period.

3. The learned Assistant Government Pleader is unable to state whether till date, caste claim of the petitioner has been decided by the Committee. In the circumstances, respondent No. 2 Committee is directed to decide the petitioner’s caste claim within six months from today, if it has already not been decided. Till the decision of the Scrutiny Committee, the petitioner’s admission stands protected.

4. Petition stands disposed of accordingly.