Sanjana D/O. Sanjay Gopwad v. The State Of Maharashtra , Through Its Secretary Tribal Development Dept And ORS.

10295.17-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10295 OF 2017 Sanjana d/o. Sanjay Gopwad

...Petitioner

vs.

The State of Maharashtra & Ors.

...Respondents

Mr. Satish B. Thakkar i/b. Talekar and Associates for the Petitioner.

Mr. A.A. Kumbhakoni, Advocate General a/w. Mr. Akshay Shinde, Special Counsel and Mr. Sandeep Babar, AGP for the Respondent. CORAM : SHANTANU KEMKAR & GIRISH KULKARNI, JJ.

DATE :

SEPTEMBER 28, 2017 P.C. :

1.

The learned counsel for the parties submit that the question involved in this Writ Petition has already been considered and decided by the judgment passed by this court at Aurangabad Bench in Writ Petition No.3223 of 2002 in the case of Sanjay Haribhau Munnur Vs. The State of Maharashtra & Ors. decided on 13th September 2017 as also the decision of the Division Bench of this court in the case of Ankita Ashok Nimmalwar Vs. State of Maharashtra & Ors. in Writ Petition (ST) No.25738 of 2017 decided on 25th September 2017 whereby Basavraj G. Patil 1/2

10295.17-wp.doc this court has observed as under:

"12.........................................If this be the case, the petitioner would be justified in criticizing the observations as made in paragraph 5 of the impugned order, which are purely on the description / nomenclature of the tribe to refer "Mannarvarlu" instead of "Mannervarlu", in vernacular in the school leaving certificate issued to the petitioner's father." 2.

In view of the aforesaid as agreed by the learned counsel for the parties, we dispose of the petition in terms of the order passed by this court in the case of Ankita Ashok Nimmalwar (Supra). 3.

As a result, we quash and set aside the impugned order passed by the Committee and direct the Committee to forthwith issue caste validity certificate to the petitioner in respect of the "Munnervarlu" tribe.

4.

The Writ Petition stands disposed of accordingly. (GIRISH KULKARNI, J.) (SHANTANU KEMKAR, J.) Basavraj G. Patil 2/2