Rakesh Dilip Kamble v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:28583-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11608 OF 2024 (RAKESH DILIP KAMBLE VS. THE STATE OF MAHARASHTRA AND OTHERS) Mr.Deepak D.Choudhari, Advocate for the petitioner. Mr.M.K.Goyanka, AGP for respondent Nos. 1 and 2. ( CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ. ) DATE : DECEMBER 2, 2024 PER COURT :- (Per Prafulla S. Khubalkar, J.) 1.

By this petition, the petitioner has challenged the judgment and order dated 15.01.2024, passed by respondent no.2 / Caste Scrutiny Committee invalidating the petitioner's caste claim of "Koli Mahadev" Scheduled Tribe. The impugned order is a common order in the matter of Ravindra Dilip Kamble Vs. The State of Maharashtra and another vide WP No.5897/2024.

2.

By judgment dated 06.08.2024, writ petition of Ravindra Dilip Kamble came to be decided and the impugned judgment was ordered to be quashed and set aside. Since the impugned judgment was already a subject matter of scrutiny before this Court vide WP No.5897/2024, the instant khs/Dec.2024/11608

- 2 - petition will also have to be decided in view of the said order. While deciding the said matter, this Court had considered the documents submitted by the petitioner and on the basis of an objective scrutiny of the record, the petition was allowed thereby directing respondent No.2 / Scrutiny Committee to issue validity certificate to the petitioner Ravindra Kamble. 3.

In view of the above, the instant petition also needs to be allowed to the extent of the petitioner Rakesh Kamble. Hence we pass the following order :- [a] The impugned judgment and order dated 15.01.2024 passed by respondent No.2 / Scrutiny Committee is quashed and set aside also to the extent of the petitioner in the instant petition. [b] The respondent No.2 / Scrutiny Committee is hereby directed to immediately issue validity certificate of "Koli Mahadev" Schedule Tribe to the petitioner, which shall be subject to the outcome of verification proposed by the Scrutiny Committee.

[c] The petitioner shall not claim any equity.

4.

In view of the above, the writ petition is partly allowed. ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.) khs/Dec.2024/11608