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Ku. Madhura Madhavrao Sherkule vs The Scheduled Tribe Certificate ... on 16 August, 2023

Bench: C.T. Ravikumar, Sudhanshu Dhulia

                                                     1

                                                                             (Out Today)
     ITEM NO.8                              COURT NO.13                SECTION IX

                                   S U P R E M E C O U R T O F     I N D I A
                                           RECORD OF PROCEEDINGS


              Petition(s) for Special Leave to Appeal (C) No.17684-17685/2023

     (Arising out of impugned final judgment and order dated 27-07-2023
     in WP No. 4497/2023 04-08-2023 in MCAR No. 754/2023 passed by the
     High Court of Judicature at Bombay at Nagpur)


     KU. MADHURA MADHAVRAO SHERKULE                                     Petitioner(s)

                                                    VERSUS

     THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE NAGPUR
     & ANR.                                             Respondent(s)

     (IA No.160190/2023-ADDITION / DELETION / MODIFICATION PARTIES and
     IA No.159917/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.159918/2023-EXEMPTION FROM FILING O.T. and IA
     No.159921/2023-INTERVENTION/IMPLEADMENT)

     Date : 16-08-2023 These petitions were called on for hearing today.

     CORAM :                 HON'BLE MR. JUSTICE C.T. RAVIKUMAR
                             HON'BLE MR. JUSTICE SUDHANSHU DHULIA

     For Petitioner(s)                 M/S. Lambat & Legiteam, AOR
                                       Mr. Kishor Lambat, Adv.
                                       Mr. Narayan D. Jambhule, Adv.
                                       Ms. Kashmira Lambat, Adv.
                                       Ms. Suja Joshi, Adv.

     For Respondent(s)


                           UPON hearing the counsel the Court made the following
                                                 O R D E R

IA No.159921/2023, Application for impleadment is allowed.

IA No.160190/2023, Application for addition is allowed.

Issue notice, returnable in six weeks. 15:53:01 IST Reason:

Dasti, in addition, is permitted.

The petitioner assails the order dated 27.07.2023 in Writ Petition (Civil) No.4497 of 2023 and order dated 04.08.2023 in Misc. Civil Application (Review) No.754 of 2023 in Writ Petition No.4497 of 2023 passed by the High Court of Judicature of Bombay, Nagpur Bench, at Nagpur.

The relevant fact is that the petitioner who appeared in JEE/MAT-CET 2023 examination is allotted a seat based on the marks scored by her in the examination under Graduate Technical Courses in Engineering and Technology CAP Round-I under Scheduled Tribe Category. She is allotted Vishvakarma Institute of Information Technology, Pune.

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 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 the 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  3 contentions of the parties. The petitioner shall not be entitled to claim any equity in the event, the matter is ultimately decided against her.” (VIJAY KUMAR) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)