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Atharv Rajendra Koli v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad and Others

Bombay HC26 Feb 2019WP/1706/2019

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition concerning admission cancellation due to pending caste certificate validation. It directed the Scrutiny Committee to decide the claim within 12 weeks and restrained government agencies from coercive action. This order primarily resolves an admission suspension threat during the committee process.

What did the court decide?

Director the Scrutiny Committee to decide the claim within 12 weeks and restrain Respondents 2 and 3 from coercive action pending that decision.

Atharv Rajendra Koli Vs Scheduled Tribe Certificate Scrutiny… — Caste Atrocities | Bombay HC (2019)

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( 1 ) wp1706.19

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.1706 OF 2019

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ATHARV RAJENDRA KOLI

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VERSUS

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SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AURANGABAD
AND OTHERS

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Mr.Sagar S. Phatale, Advocate for the petitioner
Mr.A.R.Kale, AGP for the respondents/State

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CORAM : PRASANNA B. VARALE &
S.M.GAVHANE,JJ.
DATED :26.02.2019

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P.C. :-

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.Heard learned counsel for the petitioner.

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2.Considering the issue raised in the petition and
on perusal of the documents placed on record, we are of
the opinion that the petition can be disposed of at the
admission stage.

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3.Issue notice to the respondents, returnable
forthwith. Learned AGP waives service of notice for
respondents/State.

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4.A copy of caste certificate issued in favour of
the petitioner through the Sub-Divisional Officer of

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Ausa-Renapur is placed on record at Exh.A to submit that
the petitioner belongs to Koli Mahadev tribe. The
petitioner after completing his XII std examination
sought admission in the B.Sc.Agri course. Petitioner's
claim was forwarded to the Scrutiny Committee for
validation. The claim is accepted by the Committee. The
copy of the proposal with endorsement of the Committee is
placed on record. This claim is accepted by the committee
on 16.01.2018. Learned counsel for the petitioner invited
our attention to the validity certificate issued in
favour of the nearest relative of the petitioner and also
the copy of the affidavit to submit the genealogy tree of
the petitioner. Learned counsel for the petitioner
submitted that the petitioner is hopeful of his
validation of claim but meantime the petitioner is faced
with a notice dated 24.01.2019. The notice states that
failure to submit a validity certificate the petitioner
would be subjected to cancellation of admission. Learned
counsel for the petitioner submitted that as the claim is
pending before the Committee for its validation and the
petitioner has no role to play except witting for the
decision of the Committee and extending his co-operation
to the Committee the non-decision of the Committee may
not adversely affect the petitioner's academic career is
the submission of the learned counsel for the petitioner.

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Learned counsel for the petitioner was justified in
making the submission.

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5.Accordingly, the petition is disposed of with
direction to respondent No.1 Scrutiny Committee to decide
the claim of the petitioner as expeditiously as possible
and not later than 12 weeks from the date of order of
this Court.

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6.Respondent Nos. 2 and 3 are directed not to take
any coercive action in furtherance of notice dated
24.01.2019 till the decision on the claim by respondent
No.1 Committee. We further make it clear that on decision
of the Committee respondent Nos.2 and 3 are at liberty to
take appropriate steps.

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7.With the above directions, the petition is
disposed of.

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[S.M.GAVHANE,J.]

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 [PRASANNA B. VARALE,J.]

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VishalK/ wp1706.19

Atharv Rajendra Koli v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad and Others

Case brief

What is this about?

What did the court decide?

Atharv Rajendra Koli v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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