Netaji Subhanrao Etanbone v. The State Of Maharashtra And Others

1 ra st 3026.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION ST. NO. 3026 OF 2016 IN WRIT PETITION NO. 6034 OF 2013 Netaji Subhanrao Etanbone .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri Santram N. Lale, Advocate for the Applicant. Ms. S. S. Raut, A.G.P. for Respondents/State. CORAM : S. V. GANGAPURWALA AND V. L. ACHLIYA, JJ.

DATE : 14TH OCTOBER, 2016.

PER COURT :

.

The learned counsel for the applicant submits that, this Court has dismissed the writ petition only on the ground that, there is no corroborative evidence. However, caste certificate issued in favour of present applicant, so also his brother is placed on record. Validity issued in favour of his brother is also placed on record. The 7/12 extract is placed on record, which shows cast as Mahadeo Koli. According to the learned counsel other corroborative evidence is on record. In the light of that, there is an error apparent on the face of record.

2 ra st 3026.16 2.

The learned Assistant Government Pleader submits that, there is no error apparent on the face of record. The vigilance has found the word "e" has been inserted in the school record of the petitioner and his relatives in between Hindu and Koli. As such, the caste certificate is rightly invalidated. 3.

This Court would consider the review only in case of an error apparent on face of record. The review is not to be considered as an appeal in disguise. We had while dismissing the writ petition under order dated 24.02.2015 considered validity granted to the cousin of the petitioner. We had considered the report of the vigilance with regard to insertion of the word "e" in between word Hindu and Koli. Said word "e" also appears in different ink. Apart from this, there is no other corroborative evidence. The caste certificate issued is always subject to the validation proceedings before the Scrutiny Committee.

4.

Considering the above, there is no error apparent on the face of record. As such review application is dismissed. No costs. [ V. L. ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Oct. 16