Vaishnavi D/O Gajanan Ingle. v. The State Of Maharashtra And ORS.

PVR 1/2 wp10421-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 10421 OF 2017 Vaishnavi D/o.Gajanan Ingle.

...Petitioner

Versus

1.The State of Maharashtra through its Secretary, Tribal Development Department.

2. The Joint Commissioner, Scheduled Tribe Caste Certificate Scrutiny Committee.

3. The Directorate of Medical Education & Research

4. The Principal, MUPS, Ayurved College, Degaon, Tah.Risod, Dist.Washim.

5. The Vice-Chancelllor/Registrar, Maharashtra University of Health Sciences,(MUHS) Nashik.

...Respondents

--- Ms.Preeti Rane, for the Petitioner.

Mr A.A. Kumbhakoni, Advocate General a/w Mr.Shardul Singh, Special Counsel and Mr.Sandeep Babar, AGP for the State-Respondents. ---- CORAM :

SHANTANU KEMKAR & G. S. KULKARNI, JJ.

DATE :

SEPTEMBER 26, 2017 --- PC:

1.

In this case the learned Special Counsel for the respondents on instructions states that the respondents do not dispute that this petition would be covered by our orders passed in Writ Petition No.10424 of 2017

PVR 2/2 wp10421-17.doc as the petitioner is the member of the same family as that of the petitioner in the said Writ Petition and that the genealogy and the various documents which were adopted by the petitioner in the said Writ Petition to which we have referred extensively in our judgment in Writ Petition No.10424 of 2017 delivered today ( dt. 26 September 2017), are relevant and completely applicable to the facts of the present case. 2.

We therefore, do not intend to specifically deal with the facts of the present case, suffice it to observe that all the observations as made in our orders in Writ Petition No.10424 of 2017 would govern this petition.

3.

Resultantly, in the light of the discussion and reasons as contained in our orders dated 26 September 2017 in Writ Petition No.10424 of 2017, we allow this petition, on the same terms. We accordingly pass the following order:-

ORDER

We accordingly set aside the impugned order dated 2nd September, 2017 passed by the Scrutiny Committee and direct the Scrutiny Committee to forthwith, issue to the Petitioner a caste validity certificate, of the Petitioner belonging to the "Thakur Scheduled Tribe", on receipt of an authenticated copy of this order. The petition is allowed in the above terms. No costs. (G. S. KULKARNI, J.) (SHANTANU KEMKAR, J.)