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Bombay High CourtWP/14294/2021disposed off

Ashwin Chotu Solanke Through His Father Chotu Ananda Solanke And Another v. The State Of Maharshtra And Others

2021-12-20Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige2 pages

14-WP-14294-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14294 OF 2021 ASHWIN CHOTU SOLANKE THROUGH HIS FATHER CHOTU ANANDA SOLANKE AND ANOTHER

VERSUS

THE STATE OF MAHARSHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Vinod Prakash Patil AGP for Respondents: Mr. P. K. Lakhotiya ...

CORAM : S. V. GANGAPURWALA AND S. G. DIGE, JJ.

DATE : 20th DECEMBER, 2021 PER COURT :- 1.

The applications for issuance of caste certificates to petitioners of 'Tokre Koli', Scheduled Tribe are rejected. The Appeals filed against the same are dismissed.

2.

We have heard the learned counsel for petitioners and respondents.

3.

It is submitted that, father of these petitioners have been issued with caste certificates of 'Tokre Koli', Scheduled Tribe. The school records of petitioners record caste as 'Tokre Koli', Scheduled Tribe. 4.

At this stage, prima facie satisfaction is sufficient. 5.

The father of these petitioners are issued with the tribe certificate of 'Tokre Koli', Scheduled Tribe. Even otherwise, the caste certificates will have to undergo acid test during the verification of the caste claim

14-WP-14294-21.odt before the Scrutiny Committee.

6.

In light of that, we pass the following order :

ORDER

(a) The impugned orders are quashed and set aside. (b) The respondent no.3 shall issue caste certificates to petitioners of 'Tokre Koli', Scheduled Tribe, which certificates shall have to undergo verification by the Scrutiny Committee.

7.

Writ Petition is disposed of. No costs.

( S.G. DIGE ) ( S.V. GANGAPURWALA ) JUDGE JUDGE mtk