Rasika Shirish Ransing v. State Of Maharashtra Through Its Secretary, Tribal Development Dept. And ORS.

prod-16-wp-6988-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATTE JURISDICTION WRIT PETITION NO.6988 OF 2015 Rasika Shirish Ransing

...Petitioner

vs.

State of Maharashtra and Others

...Respondents

Mr. R.K. Mendadkar, for the Petitioner Mr. P.P. Kakade, AGP for the Respondent-State. CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

AUGUST 31, 2016 P.C.:

.

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

By filing this Petition under Article 226 of the Constitution of India, the Petitioner has challenged the order dated 23rd March, 2015 passed by Respondent No. 2 - Caste Scrutiny Committee thereby rejecting the Petitioner's claim for validation of caste certificate. According to the learned counsel for the Petitioner the Petitioner's real uncle is having a caste certificate issued by the same and it has been validated in view of the order passed by this Court on 6 th May, 2016 passed in Writ Petition No. 7320 of 2009 in the case of Mohan Babli Ransing vs. State of Maharashtra and Others. He submits that in view of this subsequent development, the Petitioner's Vishal Parekar 1/2

prod-16-wp-6988-2015 case needs to be re-considered by the Caste Scrutiny Committee afresh keeping in view of the aforesaid order dated 6th May, 2016 passed by this Court as also the order passed by the Division Bench of this Court in the case of Apoorva Vinay Nichale vs. Divisional Caste Certificate Scrutiny Committee No. 1 and Others, 2010(6) Mh.L.J., 401 as also the order passed in the case of Sanjay Bajirao More and Another vs. State of Maharashtra and Others, 2015(6) Mh.L.J., 822.

3.

Having regard to the aforesaid limited prayer, we are inclined to dispose of this Petition by setting aside the impugned order passed by the Committee and by directing the Caste Scrutiny Committee - Respondent No. 2 to reconsider the Petitioner's claim afresh in view of the law laid down in the case of Apoorva Nichale (supra) and Sanjay More (supra) also keeping in view the order dated 6th May, 2016 passed by this Court. Let the decision as aforesaid be taken within three months from the date of receipt of copy of this order. The Petition stands disposed of as such. (MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.) Vishal Parekar 2/2