Miss. Rameshwari Bhim Gaikawad Minor Through Natural Gaurdian Shree Bhim P. Gaikawad v. State Of Maharashtra Through Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATTE JURISDICTION WRIT PETITION NO.4326 OF 2016 Rameshwari Bhim Gaikwad

...Petitioner

vs.

State of Maharashtra and Others

...Respondents

Mr. C.K. Bhangoji i/b. Mr. H.D. Mulla, for the Petitioner Mr. P.P. Kakade, AGP for the Respondent-State. CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

OCTOBER 19, 2016 P.C.:

.

Not on board. Upon mentioning taken on board. 2.

Parties through their counsel.

3.

The learned counsel for the Petitioners submit that the Petitioners' father was granted caste validity certificate by the Caste Scrutiny Committee on 8th July, 2005 on the same set of evidence, however ignoring this aspect of the matter, the Petitioners' claim for caste validity certificate has been rejected by the Committee. 4.

The learned counsel for the Petitioners has placed reliance on the judgment passed in the case of "Apoorva Vinay Nichale vs. 1/3

Divisional Caste Certificate Scrutiny Committee and Others" 2010(6) Mh.L.J., 401. He submits that in view of the law laid down in the said judgment the Caste Scrutiny Committee should not have ignored the Petitioners' claim for caste validation. 5.

Keeping in view the fact that the Petitioners' real brother has been granted the caste validity certificate as also the law laid down in the case of "Apoorva Nichale" (supra), we set aside the impugned order dated 19th December 2015 passed by the Committee and remand the matter back to the Committee for taking a fresh decision keeping in view the law laid down in the aforesaid case. 6.

The Petitioners to appear before the Caste Scrutiny Committee on 27th October, 2016.

7.

The Caste Scrutiny Committee to consider the Petitioners' case and take appropriate decision in accordance with law as directed above within three months from the date of receipt of the copy of the order.

2/3

8.

The interim order passed earlier to continue till the fresh decision is taken by the Caste Scrutiny Committee. 9.

The Petition stands disposed of as such.

(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.) 3/3