Sammed Ashok Bhalerao v. The Divisional Caste Certificate Validation Committee No. 1, Through Its Chairman And ORS.

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 4577 OF 2017 Sammed Ashok Bhalerao ...

Petitioner Vs.

The Divisional Caste Certificate Validation Committee No. 1 ...

Respondents *** Mr. I. M. Khairadi, for the Petitioner.

Mr. C. P. Yadav, AGP for Respondent Nos. 1, 3 & 5. Mr. R. A. Rodrigues, for Respondent No. 4 - University. *** CORAM : B. R. GAVAI, & RIYAZ I. CHAGLA, JJ.

DATE : JULY 11, 2017 PC.

1.

Rule. Rule is made returnable forthwith. By consent of parties, petition is taken up for final hearing. 2.

The Petitioner impugns the order of Respondent No. 1 dated 2nd March, 2017, rejecting the claim of the Petitioner of belonging to Jain (Setwal), which is notified as OBC. 3.

The learned counsel appearing on behalf of the Petitioner 1 / 3

contends that subsequent to filing of the petition, Petitioner has come across the validity certificate granted in favour of his paternal cousin Aboli Bhalero. He submits that this fact could not be brought to the consideration of the caste scrutiny committee. 4.

We find that Petitioner should be given an opportunity to produce the Certificate of Validity of a person, who claims to be his close relative before the Respondent No. 1 Committee so that it can consider the same. The rule is therefore, made absolute in the following terms:

(i) The impugned order dated 2nd March, 2017 is quashed and set aside.

(ii) The matter is remitted back to Respondent No. 1 Committee for considering it afresh after giving an opportunity to the Petitioner.

(iii) Till the decision of Respondent No. 1 Committee, admission of the Petitioner shall not be disturbed. He may be permitted to pursue the study without insisting any protection of caste validity.

(iv) This protection shall continue to operate for a further 2 / 3

period of two weeks from the date of receipt of the order of Respondent No. 1 Committee, in the event the decision of the Committee is against the Petitioner.

Sd/- Sd/- [RIYAZ I. CHAGLA, J.] [B. R. GAVAI, J. ] Vinayak Halemath 3 / 3