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2007 Supreme(Bom) 382

A.H.JOSHI, R.C.CHAVAN
Hitesh Dasiram Murkute – Appellant
Versus
The State of Maharashtra – Respondent


ORAL JUDGMENT :(Per : Chavan, J.)

1. Rule. By consent made returnable forthwith.

2. By this petition the petitioner, a student of engineering with respondent No.4 college, takes exception to the communication dated 08.12.2005 by the Caste Scrutiny Committee, informing the petitioner that he was not entitled to have his claim as belonging to caste Kalar (OBC) examined by the committee since he was a migrant. The petitioner, therefore, seeks direction to the committee to decide his caste claim within stipulated time since absence of decision of his caste claim has hampered his educational career. He also sought direction to the university and college to declare his result of first year examination, to which he was provisionally admitted, subject to verification of his caste claim, and to allow him to continue his education as a candidate belonging to O.B.C., or in the alternative as a candidate of open category.

3. Respondent No.3 university filed submission stating that failure of the petitioner to produce caste validity certificate resulted in withholding his result for the first year.

4. On behalf of respondent No.6, Divisional Caste Scrutiny Committee, it was submitted that petit



































































































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