Mrs. Lata Sidram Salunke v. State Of Maharashtra, Through Secretary, Dept Of Social Welfare And ANR

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3338 OF 2014 Mrs.Lata Sidram Salunke .. Petitioner Vs.

State of Maharashtra and anr.

.. Respondents Mr.C.K.Bhangoji i/b Mr.V.A.Madane, for the Petitioner. Mr.Bhushan P. Kakade, AGP for Respondents No. 1 & 2. CORAM : SHANTANU.S.KEMKAR & M.S.KARNIK, JJ.

DATE : 18th AUGUST, 2016 P.C. :

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Heard parties through their Counsel.

2.

Through this Petition filed under Article 226 of the Constitution of India, petitioner has challenged the order dated 02/01/2014 - Exhibit 'A' passed by respondent No.2 - Scrutiny Committee. The Scrutiny Committee rejected the petitioner's claim on the ground that the petitioner could not produce any document prior to 1961 regarding caste of his father or grandfather to be of "Gondhali" (Nomadic Tribe). Learned Counsel for the petitioner has placed on record document 1/3

Exhibit 'H' - School Leaving Certificate of petitioner's father indicating therein that the petitioner's father was studying on 05/06/1947 in the school at village- Walsang, Taluka - South Solapur. In the circumstances, he made a payer that this Petition may be disposed of by granting liberty to the petitioner to produce the said document before the Scrutiny Committee as according to him, if this document would have been filed and considered, the result could have been different. 3.

Having regard to the submissions made by the learned Counsel for the parties, in the interest of justice, we deem it appropriate to set aside the impugned order and to remand back the matter before the Scrutiny Committee by giving liberty to the petitioner to submit the said certificate - Exhibit 'H' before the Scrutiny Committee. The said document be submitted by the petitioner before the Scrutiny Committee within 3 weeks from today. On the receipt of the same, the Scrutiny Committee shall consider the petitioner's claim afresh and take appropriate decision in accordance with law as 2/3

expeditiously as possible but not later than 4 months from the date of receipt of copy of the said certificate. Needless to say that we have not commented upon the merits of the matter and the said certificate.

The Petition stands disposed of.

(M.S.KARNIK, J.) (SHANTANU.S.KEMKAR, J.) 3/3