Disposed

Gaurav Vilas Wankhade v. State of Maharashtra and 3 Ors.

Bombay HC20 Feb 2007WP/462/2007

Case brief

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What is this about?

The court disposed of a writ petition seeking validation of a caste certificate required for an engineering admission. Relying on the caste scrutiny committee's undertaking to decide within three months, the court ordered the college to retain the admission if the caste claim is later invalidated, granting the petitioner two weeks to appeal.

What did the court decide?

Ordered the caste scrutiny committee to decide on validity within 3 months; if invalidated, college must wait 2 weeks for appeal before acting.

Gaurav Vilas Wankhade Vs State of Maharashtra and 3… — Education and Admissions | Bombay HC (2007)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 ORDINARY ORIGINAL CIVIL JURISDICTION

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 WRIT PETITION (L) NO.246 OF 2007

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 Gaurav Vilas Wankhade .. Petitioner
 Vs.

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 State of Maharashtra & Ors. .. Respondents

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 Mr.D.G.Motiwala for the petitioner
 Mr.P.G.Sawant, A.G.P. for the respondent no.1 and
 2

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 CORAM : J.N.PATEL &
 S.C.DHARMADHIKARI, JJ.

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DATED : 20TH FEBRUARY, 2007

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 P.C.:

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 1. Not on board. Mentioned.

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 2. The petition can be disposed of at this
 stage of admission itself.

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 3. The short question which requires
 consideration is that the petitioner has been
 waiting for caste certificate to be validated by
 respondent no.2 Committee. He has been informed by

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 the respondent no.4 College that his admission
 would stand terminated if he does not obtain the
 validity certificate. It is in this circumstances
 that the petitioner has approached this court.

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 3. The petitioner has been admitted to First

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 Year Engineering Degree course in Computer
 Engineering of Vidyalankar Institute of Technology.
 There is no dispute over the fact that the
 petitioner’s caste certificate has been referred to
 respondent no.2 for taking a decision in the matter
 since 30.06.06. The petitioner claims that he
 belongs to caste Jingar which is recognised as a
 Nomadic Tribe.

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 4. The learned counsel for respondent no.2

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 submits that the caste scrutiny committee would
 take a decision in the matter of validity of caste
 certificate by the petitioner within a period of 3
 months from today. In view of this statement, we
 dispose of the petition in terms of prayer clause
 (a).

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 5. We make it clear that in case the

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 respondent no.2 caste scrutiny committee
 invalidates the caste claim of the petitioner, the
 respondent institution would not act on the order
 for a period of 2 weeks from the date of its
 communication so as to enable the petitioner to
 seek redress against the said order. Petition
 stands disposed of accordingly.

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 . Parties to act on an ordinary copy of this
 order duly authenticated by the Personal Assistant
 of this court.

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 ( SHRI J.N. PATEL, J )

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 ( SHRI S.C.DHARMADHIKARI, J )

Gaurav Vilas Wankhade v. State of Maharashtra and 3 Ors.

Case brief

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Gaurav Vilas Wankhade v. State of Maharashtra and 3 Ors.

Case brief

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What the court decided

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