Bombay High Court
Akshay Bhimrao Gharat vs The S. T. Certificate Scrutiny ... on 23 August, 2023
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
920-wp 5411-23.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL WRIT PETITION NO. 5411 OF 2023
Akshay Bhimrao Gharat -Vs-The Scheduled Tribe Certificate Scrutiny Committee and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.N.D. Jambhule, counsel for the petitioner.
Mr.A.M.Deshpande, i/c Government Pleader for respondent No.1.
CORAM : A.S.CHANDURKAR &
MRS.VRUSHALI V. JOSHI, JJ.
DATED : 23.08.2023.
1. The Tribe Claim of the petitioner of belonging to Mana Scheduled Tribe is pending with the Scrutiny Committee. The petitioner seeks expeditious consideration of such claim. It is submitted that pursuant to the admission process undertaken by the respondent No.2, the petitioner has secured admission in the first year Master of Business Administration course at the respondent No.3-College. Attention is invited to the order passed by the Hon'ble Supreme Court in Ku.Madhura Madhavrao Sherkule Vs. The Scheduled Tribe Certificate Scrutiny Committee and anr. in Special Leave to Appeal © No.17684-17685/2023 which reads as under:-
"It is submitted that based on the allotment, petitioner is to produce the required documents and to effect on 16.08.2023. She has already deposited the required amount of Rs.6810/-. The consideration of 'validity certificate' is now pending before the Scrutiny Committee and the High Court has granted two months' time to Kavita 920-wp 5411-23.odt 2/3 the Scrutiny Committee to verify and decide the caste status of the petitioner.
Taking into account of all the aforesaid, we are of the view that it is inevitable to pass an interim order to protect the interest of petitioner, as today is the last day for admission in the aforesaid.
Hence, we are inclined to pass the following:-
"Considering the submission of the petitioner that today is the last day for admission in the course, we direct the authority/authorities concerned to admit the petitioner provisionally based on her rank, if she is otherwise eligible for the scheduled tribe category without insisting on certificate from the Scheduled Tribe Certificate Scrutiny Committee. We make it clear, however, that she must fulfill other eligibility criteria for such admission.
This order is passed without prejudice to the rights and contentions of the parties. The petitioner shall not be entitled to claim any equity in the event, the matter is ultimately decided against her."
2. The petitioner seeks protection of his admission.
3. Issue notice to the respondents, returnable in three weeks.
4. Learned In-charge Government Pleader waives service of notice for respondent No.1.
5. Leave is granted to serve Standing Counsel appearing for respondent No.2. In view of the order Kavita 920-wp 5411-23.odt 3/3 passed by the Ho'nble Supreme Court in Ku.Madhura Madhavrao Sherkule Vs. The Scheduled Tribe Certificate Scrutiny Committee and anr. (supra) the admission granted to the petitioner provisionally shall not be cancelled for want of validity certificate. It is however clarified that this direction is subject to final outcome of the writ petition and the petitioner shall not claim any equity in that regard.
6. Authenticated copy of this order be supplied to the parties.
JUDGE JUDGE Kavita