Disposed

Prasad Pralhad Pawar v. the State of Maharashtra and Ors.

Bombay HC14 Sept 2012WP/3960/2012

Case brief

AI extract

What is this about?

The High Court of Bombay held that cancelling the petitioner's pending admission for a B.E. degree during a long-pending caste verification was inappropriate. The Court directed the Caste Scrutiny Committee to decide within three months and allowed the petitioner to continue studies conditionally.

What did the court decide?

Directed the Divisional Caste Scrutiny Committee, Nashik to decide the application within three months; petitioner allowed to continue studies conditionally.

Prasad Pralhad Pawar Vs the State of Maharashtra and… — Education and Admissions | Bombay HC (2012)

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VBC 1/2 WP3960.12-14.9

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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WRIT PETITION NO.3960 OF 2012

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Prasad Pralhad Pawar.

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Vs. The State of Maharashtra & Ors.

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...Petitioner.

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...Respondents.

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.... Mr.M.S.Karnik with Mr.Sachin Cute for the Petitioner. Ms.S.S.Bhende, AGP for Respondent Nos.1 and 2.

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CORAM : DR.D.Y.CHANDRACHUD AND A.A. SAYED, JJ.

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September 14, 2012 .

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P.C. :

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The Petitioner has been admitted to the First Year B.E. Degree course at the Third Respondent. The Petitioner has obtained admission against a reserved seat, claiming to be a member of the Rajput Bhamta community (DT VJ-10). The Petitioner applied for the verification of his caste certificate before the Divisional Caste Scrutiny Committee (No.1) at Nashik in August 2010. The application is pending. In the meantime, the admission of the Petitioner was cancelled by the Third Respondent by a letter dated 9 February 2012 for non-submission of the caste validity certificate. According to the Petitioner, his sisters, Yogita Pralhad Pawar, Prajakta Pralhad Pawar and Gayatri Pralhad Pawar have been granted a caste validity certificate by the Caste Scrutiny Committee.

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Since the Petitioner has moved the Scrutiny Committee way back in August 2010, we do not find it appropriate that his admission should be cancelled at this stage. The Petitioner was called upon by the Scrutiny

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VBC 2/2 WP3960.12-14.9

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Committee to produce documents on 22 June 2011. It has been stated that on 17 November 2011, the Petitioner had submitted a reply. Be that as it may, we now direct the Divisional Caste Scrutiny Committee (No.1), Nashik to dispose of the application filed by the Petitioner within a period of three months from the date on which an authenticated copy of this order is produced before it. In the meantime, the Petitioner would be permitted by the Third Respondent to continue his studies for the B.E. Degree Course subject to the clear understanding that if his caste claim is invalidated, no equity shall be created in favour of the Petitioner and his admission would stand forfeited. The Petition is accordingly disposed of. There shall be no order as to costs.

Prasad Pralhad Pawar v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Prasad Pralhad Pawar v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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