Sainath Maroti Chirkewad v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7526 OF 2016 Sainath s/o Maroti Chirkewad Petitioner

Versus

The State of Maharashtra & others Respondents Mr.O.B.Boinwad, advocate for the petitioner Mr.S.J.Salgare, A.G.P. for Respondents No.1, 2 & 5. Mr.K.B.Jadhav, advocate for Respondent No.3.

CORAM : R.M.BORDE & SANGITRAO S. PATIL, JJ.

DATE : 23rd December, 2016 PER COURT:

Petitioner claims to belong to Koli Mahadev, a Scheduled Tribe. The caste certificate issued to him has been forwarded to the Scrutiny Committee for verification. The petitioner has been admitted to Engineering Course as against a seat reserved for Scheduled Tribe category. However, on account of his failure to submit validity certificate, Respondent No.4University has not declared result of the petitioner for final year B.E. Examination.

Considering the facts of this case, this petition can be disposed of by issuing directions to Respondent No.5-Scrutiny Committee to take decision on the proposal for verification of caste certificate issued to the petitioner, as expeditiously as possible, preferably within a period of eight months; and it is accordingly directed.

{2} wp752616.odt Respondent No.4-University shall declare result of the petitioner for B.E. Final year examination. In the event of Respondent No.5-Committee holding in favour of the petitioner, Respondent No.3-College shall refund fees to the petitioner in accordance with rules, as has been undertaken by the concerned respondent in its affidavit-in reply.

In view of above, writ petition stands disposed of. (SANGITRAO S. PATIL) (R.M.BORDE) JUDGE JUDGE adb/wp752616