LAWS(BOM)-2023-8-15

GAURAV Vs. VICE CHAIRMAN

Decided On August 15, 2023
GAURAV Appellant
V/S
Vice Chairman Respondents

JUDGEMENT

(1.) The matter is taken up today on the urgent request of the learned counsel for the petitioner on the ground that the petitioner has applied for the engineering course and the time for submission of the validity, the benefit of which, the petitioner desires to have, was 3:00 p.m. on 16/08/2023, on account of which, the matter has been taken up today for urgent hearing. Though now we have been informed that the time for submission of the validity has been extended till 5:00 p.m. of 17/08/2023, and we could have passed an interim order, however, in view of what has been held in Dilip Vitthal Bambale and others Vs. Vinit Kumar Motiram Totlade and others Civil Appeal Nos.11234-48 of 2017 decided on 06/09/2017 where the passing of interim order in such matters has been disapproved and since we have heard the matter, we are proceeding to decide the same with the consent of the respective learned counsels for the parties.

(2.) Rule. Rule made returnable forthwith. Heard Mrs. Rane, learned counsel for the petitioner; Mr. Rao, learned Assistant Government Pleader for the respondent no.1; Mr. Meghe, learned counsel for respondent no.2 and Mr. Khubalkar, learned counsel for the respondent no.3.

(3.) The petition questions the decision of the Caste Scrutiny Committee, Nagpur dtd. 10/11/2022 (pg.198) whereby the certificate issued to the petitioner by the competent authority dtd. 18/09/2018 of belonging to Mana Scheduled Tribe has been cancelled by the committee by holding that the petitioner does not belong to the said tribe.