Yogesh Babulal Patel v. State Of Maharashtra, Through Secretary, Tribal Development Dept And ORS

(15)-WP-5496-14.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5496 OF 2014 Yogesh Babubhai Patel ..Petitioner

Versus

State of Maharashtra and others ..Respondents Mr. R. K. Mendadkar a/w Ms. Priyanka Shaw, Advocate for the Petitioner.

Mrs. R. A. Salunkhe, AGP for Respondent Nos.1 & 2. CORAM : B. R. GAVAI & N. J. JAMADAR, JJ.

DATE : 4th FEBRUARY, 2019 P.C.

1] The Writ Petition arises out of identical facts in Writ Petition No.3832 of 2014 filed by Ashwin Babubhai Patel, the real brother of the Petitioner. The said Writ Petition was allowed vide order dated 17th January 2019.

2] In that view of the matter, present Petition also deserves to be allowed on the same terms, which are as under :- I) The impugned order dated 4th November 2011 passed by the Scheduled Tribe Certificate Committee - Respondent No.2 is quashed and set BGP. 1 of 2

(15)-WP-5496-14.doc.

aside. The matter is remitted back to the Scrutiny Committee for considering it afresh on its own merits. Needless to state that the claim will not be rejected only on the ground of migration of the Petitioner from Balsad to Mumbai.

II) Till the claim of the Petitioner is decided and in the event, the order passed by Respondent No.2 - Committee is adverse to the interest of the Petitioner, for a period of three weeks from the date of the receipt of communication and the order, the Petitioner's service shall stand protected. III) Rule is made absolute in the aforesaid terms with no order as to costs.

[N. J. JAMADAR, J.] [B. R. GAVAI, J.] BGP. 2 of 2