Yogesh Madhav Makalwad v. The State Of Maharashtra Through Its Secretary,

269.wp.7515.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELALTE JURISDICTION WRIT PETITION NO. 7515 OF 2018 Yogesh Madhav Makalwad ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents Mr. O. B. Boinwad for Petitioner.

Mr. A. A. Kumbhakoni, Advocate General a/w Mr. Vaibhav Sugdare, Special Counsel for Respondents - State. Mr. Nayyim Shaikh a/w Mr. Shriniwas Solanke, Law Officer present.

CORAM

:

SHANTANU KEMKAR & N. W. SAMBRE, JJ.

DATE :

JULY 24, 2018 P.C.

.

On instructions, the learned Counsel for the parties submit that this matter may be remanded back to the Respondent - Scheduled Tribe Caste Certificate Verification Committee, Aurangabad 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 Digitally signed by Vijaya Gourishankar Yadav Date:

2018.07.25 15:26:53 +0530 Yadav VG ....1 Vijaya Gourishankar Yadav

269.wp.7515.18.doc (Regulation of Issuance and Verification of ) Certificate Rules, 2003, in the circumstances as agreed, this Writ Petition is disposed 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 Caste Certificate Verification Committee, Aurangabad on 23rd August 2018 at 11.00 a.m.

5.

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

(N.W. SAMBRE, J.) (SHANTANU KEMKAR, J.) Yadav VG ....2