LAWS(BOM)-2023-1-24

UMASHANKAR Vs. RASHTRASANT TUKADOJI MAHARAJ

Decided On January 03, 2023
UMASHANKAR Appellant
V/S
Rashtrasant Tukadoji Maharaj Respondents

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith.

(2.) The petitioner claiming to belong to the Scheduled Caste category secured admission in the Bachelor of Technology (Chemical Engineering) course in the year 2012. The admission was taken on the strength of caste certificate dtd. 3/2/2006 issued by the Sub-Divisional Officer, Wani. Proposal dtd. 16/4/2014 was submitted for verification of his caste claim. The Scrutiny Committee however refused to verify the caste claim of the petitioner on the ground that he was not a resident of the State of Maharashtra prior to 1950. This decision of the Scrutiny Committee was challenged by the petitioner in Writ Petition No.2959/2014. By the judgment dtd. 3/7/2015 the Division Bench upheld the order passed by the Scrutiny Committee and held that the petitioner was not entitled to seek benefits of reservation in the State of Maharashtra.

(3.) Since the petitioner was pursuing his education and there was a threat of discontinuation he had filed Writ Petition No.3893/2015 in that regard. By order dtd. 30/8/2016 petitioner was granted liberty to seek a validity certificate from the appropriate forum available in the State of Madhya Pradesh. According to the petitioner, in the said State there is no procedure for verification and the petitioner seek to rely upon a certificate dtd. 27/7/2016 issued by the Sub-Divisional Officer therein. In these facts, by the present writ petition, it is prayed that since the petitioner has completed his education the respondents be directed to release the petitioner 's degree of the course of Bachelor of Technology (Chemical Engineering) along with relevant mark-sheets.