Durga Madhavrao Kshatriya v. State Of Maharashtra And ORS

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5662 OF 1999 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.V.D.Salunke, advocate for the Petitioner. Mr.G.K.Naik Thigle, Addl. Govt. Pleader for the State. CORAM : S.V.GANGAPURWALA & A.I.S.CHEEMA,JJ.

Date : 30.03.2015.

PER COURT :

1.

Heard.

2.

Mr.Salunke, learned counsel submits that the petitioner has completed her education and has started a private practice. The petitioner has filed an undertaking stating that petitioner would not claim benefit of reservation. Learned counsel submits that he is instructed to state that petitioner would not press against the judgment of the Committee and degree obtained be protected. 3.

We have perused the judgment delivered by the Committee. The Committee has not arrived at the finding that the caste certificate was obtained by fraud or misrepresentation. In view of the judgment of the Full Bench of this Court in a case of "Arun S/o Vishwanath Sonone Vs. State of Maharashtra and others"

reported in 2015(1) Mh.L.J.457, the protection can be granted in such cases.

4.

In light of the above, the Writ Petition is disposed of. The Educational qualification obtained by the petitioner is protected with a rider that the petitioner henceforth would not take any benefit of reservation.

5.

The Writ Petition is disposed of. Rule discharged. No costs. (A.I.S.CHEEMA,J.) (S.V.GANGAPURWALA,J.) Dt..30.03.2015.

asp/office/wp5662.99