BHAWNA ATMARAM SURYAWANSHI Vs. DEPUTY DIRECTOR (RESEARCH)

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission.

(2.) At the outset, we may record that this Court by its order dated 14.09.2005 had directed Respondent no.1-Scrutiny Committee to complete the process of verification of the caste claim of the petitioners within three months from the date of order. For the reasons which are disclosed in the Civil Application filed on behalf of Respondent No.1-Scrutiny Committee and which Civil Application has been allowed by us, the respondent no.1-scrutiny committee has explained as to why the process of verification of the caste claim of the petitioners could not completed within the period stipulated by this Court. Be that as it may, this petition under Article 226 of the Constitution of India prays for issuance of a writ directing Respondent No.1-scrutiny committee to adjudicate the caste claim of the petitioners as belong to "Tokare Koli", scheduled tribe. The petitioners have also prayed that pending the process of adjudication of their caste claims, second respondent should not take any adverse action against the petitioners, including cancellation of the admission for failure of the petitioners to tender the caste validity certificates.

(3.) We have heard learned Counsel for the parties. Mr. Deshmukh, learned Counsel appearing on behalf of Respondent no.1-Committee has stated before us that a copy of the report of the Vigilance Cell has been tendered to the petitioners. In the light of that, we direct the petitioners to appear before Respondent No.1-Scrutiny Committee at Nandurbar on 14th May, 2008. A further statement is made on behalf of Respondent No.1-Scrutiny Committee by Shri Deshmukh that the Respondent-Scrutiny Committee would pass appropriate orders in accordance with law in respect of adjudication of the tribe claims of the petitioners within a period of two months of 14th May, 2008. We accept the said statement as an undertaking to the Court.