Neha Nalinkumar Yadgirikar v. The State Of Maharashtra Through Its Secretary And ORS.

910-wp-7416-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELALTE JURISDICTION WRIT PETITION NO.7416 OF 2018 Neha Nalinkumar Yadgirikar

...Petitioner

vs.

The State of Maharashtra and Others

...Respondents

Mr. A.S. Bayas a/w. Mr. S.S. Aradhye, for the Petitioner Mr. A.A. Kumbhakoni, Advocate General a/w. Mr. Bhupesh Samant, AGP for Respondents-State.

Mr. Bhaskar Vitthal Waghmare and Mr. Vikas Sudam Daund, Law Officers present.

CORAM : SHANTANU KEMKAR & N. W. SAMBRE, JJ.

DATE :

JULY 31, 2018 P.C.:

.

On instructions, the learned Counsel for the parties submit that this matter may be remanded back to the Respondent - Scheduled Tribe Certificate Scrutiny Committee, Pune for deciding the Petitioner's tribe claim afresh. 2.

In view of the fact that the Petitioner has not been given requisite time to reply to the show cause notice issued to the Petitioner under Rule 12(3) of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of ) Certificate Rules, 2003, in the circumstances as agreed, this Writ Petition is disposed Vishal Parekar 1/2 Vishal Subhash Parekar Vishal Subhash Parekar Date: 2018.07.31 13:40:39 +0530

910-wp-7416-2018.doc of by setting aside the impugned order passed by the Caste Scrutiny Committee by remanding the matter to the said Committee for deciding afresh after following the due procedure of law.

3.

The Writ Petition is allowed to the extent indicated above.

4.

The Petitioner to appear before the Scheduled Tribe Certificate Scrutiny Committee, Pune on 27th August 2018 at 11.00 a.m.

5.

The Committee to decide the Petitioner's claim within three months from the date of appearance.

(N.W. SAMBRE, J.) (SHANTANU KEMKAR, J.) Vishal Parekar 2/2