Smt. Mangala Manoj Thakur v. The Divisional Commissioner, Nashik Division And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10370 OF 2016 Smt. Mangala Manoj Thakur ... Petitioner V/s.

The Divisional Commissioner, Nashik Division, Nashik & Ors.

... Respondents ----- Mr. Sanjay Shinde for the Petitioner.

Mr. V.P. Malavankar, 'A' Panel Counsel for the Respondents. CORAM : S.C.DHARMADHIKARI & SMT. VIBHA KANKANWADI, JJ.

DATE : 18th AUGUST, 2017 P.C.:

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We have heard both sides. We have perused both orders as impugned in the petition. We find that once the Petitioner has relied upon a caste certificate, copy of which is at page 33 of the paper book and issued to Mr. Manoj Rambhau Thakur, the husband of the Petitioner and father of the minor Aakash Manoj Thakur, then, the Petitioner deserves a caste certificate in the least. We are clear that in law, the inquiry that is required for issuance of a caste certificate and for validation of the caste certificate, are distinct and different. Sneha Chavan 1/2

904 wp 10370-16=.doc The inquiry in the former case will not be as elaborate as is required in the latter one. Moreover, when there is nothing on record to doubt the genuineness or bonafides of the certificates issued to Manoj Rambhau Thakur and as early as on 04th November 1984.

In the circumstances, we allow the Writ Petition. We quash both the orders that are impugned in the petition and the reasons, more particularly set out in the order dated 23rd October 2015. We direct that the Petitioner Aakash be issued caste certificate on identical lines as that of his father Manoj. The Petition as also the Appeal before the Scrutiny Committee which is pending, stand disposed of accordingly.

(SMT. VIBHA KANKANWADI, J.) (S.C.DHARMADHIKARI, J.) Sneha Chavan 2/2