← Library
Bombay High CourtWP/6660/2015rule made absolute

Tushar Vilas Thakur v. State Of Maharashtra Through Its Secretary And ORS

2017-08-21Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice Anoop V. Mohta2 pages

dgm 1 17-wp-6660-15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6660 OF 2015 Tushar Vilas Thakur .... Petitioner vs State of Maharashtra Scheduled Tribe Certificate Scrutiny Committee Directorate of Medical Education,M.S.

Government Medical College,Sangli Maharashtra University of Health Sciences, Nashik .... Respondents Mr. R.K. Mendadkar with Mr. C.K. Bhangoji for the petitioner. Mr.C.P. Yadav, AGP for Respondents 1 to 4.

Mr. R.V. Govilkar for Respondent No.5.

Mrs. Snehal A. Govekar, Senior Research Officer, Thane Caste Scrutiny Committee present.

CORAM: ANOOP V. MOHTA AND SMT. BHARATI H. DANGRE, JJ.

DATE : August 21, 2017 FINAL ORDER:

Rule. Rule is made returnable forthwith. Heard finally by consent of parties.

The statement is made by the learned counsel for the Petitioner that Petitioner's elder brother - Dattatray Vilas Thakur has filed Writ Petition No.452 of 2006 and this Court on 27 June 2017, 1/2

dgm 2 17-wp-6660-15.sxw after considering the material as well as the documents on record, including pre-constitutional documents of 1937 and Vigilance Cell report and supporting documents, ordered Respondent No.2-Scrutiny Committee to issue a validity certificate in favour of Petitioner's brother within four weeks by further holding that the Petitioner's brother belong to Thakar Scheduled Tribe.

The learned counsel for the Respondents, after taking constructions from Mrs. Snehal A. Govekar, Senior Research Officer, Thane Caste Scrutiny Committee, who is present in Court, concede to the position that the Petitioner, who is real brother of Dattatrary is entitled for the same reliefS.

Therefore, considering the above admitted position on record and for the reason so recorded by the Division Bench in Dattatray Vilas Thakur v. State of Maharashtra in Writ Petition No.452/2006 dated 27 June 2017, we are inclined to allow this Writ Petition terms of prayers (a), (b) and (c) . Order accordingly. Rule made absolute accordingly.

There shall be no order as to costs.

(BHARATI H. DANGRE, J.) (ANOOP V. MOHTA, J.) 2/2