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Bombay High CourtWP/331/2019disposed off

Shrikant Laxmanrao Chavan v. The State Of Maharashtra And Others

2020-12-15Hon'Ble Shri Justice Sunil P. Deshmukh,Hon'Ble Shri Justice R. G. Avachat2 pages

wp.331-2019-operative order.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.331 OF 2019 Shrikant s/o. Laxmanrao Chavan, Age : 27 years, Occ. Student, r/o. A/p.Vishnupur, House No.707, Opp. Datta Mandir, Tq. and Dist. Nanded ..Petitioners Vs.

1.

The State of Maharashtra, Department of Tribal Development, Mantralaya, Mumbai - 32 through its Secretary 2.

The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary 3.

Swami Ramanand Teerth Marathwada University, Vishnupuri, Nanded, through its Registrar 4.

The Dean, Matoshri Pratishthan's Group of Institution's School of Management, Vishwabharti Campus, Khupsarawadi, Nanded ..Respondents ---- Mr. S.C.Yeramwar, Advocate for petitioner Mr. S.P.Sonpavale, AGP for respondent nos.1 and 2 Mr. R.B.Narwade-Patil, Advocate for respondent no.4 ---- CORAM : SUNIL P. DESHMUKH AND R.G. AVACHAT, JJ.

DATE : DECEMBER 15, 2020

wp.331-2019-operative order OPERATIVE ORDER :- Impugned order dated 27-07-2018 passed by respondent No. 2 - Scrutiny Committee is set aside. Respondent No. 2 - Committee is directed to forthwith issue requisite validity certificate to petitioner of being `Thakur' scheduled Tribe which would be subject to decision, in proceedings if are reopened in case of any validity holder relied on by petitioner, as it is stated that validity holder's tribe claim are being re-investigated. If the proceeding for cancellation of caste validity holders are answered against such certificate holders, it shall be open for the respondent committee to issue show cause notice to the petitioner as to why the validity certificate granted to the petitioner should not be cancelled and it will be open for the committee to take those proceeding to its logical end.

[R.G. AVACHAT, J.] [SUNIL P. DESHMUKH , J.] kbp