Ankit S/O Satish Pakhale v. The State Of Maharashtra And ORS

904-wp-5572-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.5572 OF 2021 Ankit s/o. Satish Pakhale ..

Petitioner.

v/s.

The State of Maharashtra & Others ..

Respondents.

Mr. Pravin V. Dandwate, for the Petitioner.

Smt. A. A. Purav, AGP for the Respondent-State. Mr. Anuj V. Gaikar, Legal Officer of Caste Scrutiny Committee, Thane present.

by SMITA RAJNIKANT JOSHI Date:

2022.04.01 10:41:48 +0530 CORAM: S.V. GANGAPURWALA & VINAY JOSHI,JJ.

DATED : 30th MARCH, 2022.

P.C:- SMITA RAJNIKANT JOSHI The Caste Certificate of the Petitioner was referred to the Scrutiny Committee for verification. The Scrutiny Committee disposed of the proceeding on the ground that the Caste Certificate obtained by the Petitioner was from the authority which did not possess the territorial jurisdiction.

The Committee observed that the Petitioner has obtained the Caste Certificate of Halbi Schedule Tribe from the SDO at Thane. Whereas the Petitioner and his ancestor on the notified date were ordinary resident of Dildarura, Taluka Achalpur, District Amravati. The Petitioner is required to obtain the Caste Certificate from the authority where he was residing on the notified date.

We have heard learned Counsel for the Petitioner and the learned AGP.

S.R.JOSHI

904-wp-5572-2021.doc Issue is no longer res integra. The Full Bench of this Court in the case of Rajendra Shivaram v/s. State of Maharashtra reported in 2019 (4 ) BCC 847 held that the Caste Certificate has to be obtained from the authority where the person was residing as on the notified date. In light of the above, no case of interference is made out. Writ Petition is disposed of. No costs.

Petitioner may obtain Caste Certificate from the Competent Authority as directed by Committee and may submit afresh for verification before the Committee.

(VINAY JOSHI,J.) (S.V.GANGAPURWALA,J.) S.R.JOSHI