Remanded

Shri. Jatin Vijaykumar Mehta v. the State of Maharashtra and Ors.

Bombay HC11 Sept 2012WP/8064/2012

Case brief

AI extract

What is this about?

Petitioner challenged rejection of his OBC caste claim for college admission. Court directed the Divisional Caste Scrutiny Committee to reconsider the issue afresh in light of a subsequent Government Resolution allowing the claim across districts, while granting provisional admission.

What did the court decide?

Impugned order set aside; Divisional Caste Scrutiny Committee directed to reconsider claim and pass reasoned order within two months; provisional admission granted.

Shri. Jatin Vijaykumar Mehta Vs the State of… — Pension and Retirement Benefits | Bombay HC (2012)

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VBC 1/2 wp8064.12-11.9

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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WRIT PETITION NO.8064 OF 2012

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Shri Jatin Vijaykumar Mehta. Vs.

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The State of Maharashtra & Ors.

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...Petitioner.

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...Respondents.

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.... Mr.S.D.Dharmadhikari i/b.Srivastava & Co. for the Petitioner. Ms.S.S.Bhende, AGP for the Respondents.

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

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September 11, 2012 .

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P.C. :

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The Petitioner completed his Diploma in Electronic Engineering in July 2011 and has sought admission to the Four Year Degree Course in the Fourth Respondent College. The Petitioner has claimed to belong to the OBC category as a member of the Gujar-326 community. The Divisional Caste Scrutiny Committee by an order dated 15 June 2012 rejected the caste claim of the Petitioner only on the ground that the Gujar Community has been notified as an OBC in relation to the Districts of Dhule/Jalgaon and the Petitioner had not adduced any proof to the effect that his father or ancestors belong to that area. The Petitioner belongs to Ratnagiri District. Counsel appearing on behalf of the Petitioner has relied upon the Government Resolution dated 1 March 2006 designating the Gujar community as an OBC in which no territorial restriction has been imposed. In the meantime, the Principal of the Fourth Respondent has informed the Petitioner that his admission is likely to be cancelled due to non-submission of the Caste Validity Certificate, by a letter dated 5 July 2012.

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VBC 2/2 wp8064.12-11.9

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In our view, it would be appropriate to direct the Divisional Caste Scrutiny Committee to reconsider the entire issue afresh having regard to the subsequent G.R. of the State Government dated 1 March 2006. In order to facilitate this exercise, we set aside the impugned order dated 15 June 2012 and direct the Divisional Caste Scrutiny Committee to render a fresh determination. In the meantime, the Petitioner, if he is otherwise eligible, may be permitted to continue in the Fourth Respondent on a provisional basis on the clear understanding that in the event that his caste claim is invalidated, no higher equity would be created. The Petitioner shall appear before the Caste Scrutiny Committee on 25 September 2012 at 12 noon to receive directions as to hearing. The Scrutiny Committee shall make its determination through a reasoned order within a period of two months thereafter. The Petition is accordingly disposed of. There shall be no order as to costs.

Shri. Jatin Vijaykumar Mehta v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Jatin Vijaykumar Mehta v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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