Gopal Honbarao More v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 5459 OF 2021 Amol Sureshrao More Age 24 years, Occ. Student R/o. Murtijapur Sawangi, Tq. Aundha (Nagnath) Dist.
Hingoli.
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Petitioner
VERSUS
1) The State of Maharashtra
2) The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director (R)
3) The Principal Imperial College of Engineering, Gat No. 720 ( 1&2) Wagholi, Pune Nagar Road, Pune
4) The Scheduled Tribe Certificate Scrutiny Committee Kinwat, Headquartered at Aurangabad through its Deputy Registrar (R) ... Respondents ...
WRIT PETITION NO. 5352 OF 2021 Gopal Honbarao More, Age 48 years, Occ. Service, r/o. Murtijapur Sawangi, Tq. Aundha (Nagnath) Dist. Hingoli.
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Petitioner
VERSUS
1) The State of Maharashtra
2) The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director (R)
3) The Headmaster, Narsiha Vidya Mandir, Pokharni (Narsiha), Tq. & Dist. Parbhani
4) The Scheduled Tribe Certificate Scrutiny Committee Kinwat, Headquartered at Aurangabad, through its Deputy Registrar (R) ...
Respondents 1/3
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Advocate for the Petitioner : Mr. Jadhavar Pratap V. A.G.P. for the Respondents/State : Mr. A.S. Shinde
CORAM
: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.
DATE : 07.08.2023 PER COURT :
Leave granted to add Caste Verification Scrutiny Committee Kinwat headquartered at Aurangabad as a party respondent. Issue notice to it. Learned A.G.P. waives service even for it.
2.
Heard both the sides finally with consent in view of the exigency. 3.
The petitioner Amol (in WP 5459/2021) has completed engineering course and the petitioner Gopal (in WP No. 5352/2021) is as assistant teacher. In fact it was a common order of the present petitioners and one Virendra More. Since it was a common order, we have inherent limitations in undertaking a fresh scrutiny of the legality of the order in the light of the observations of a coordinate bench in the matter of Virendra Gopalrao More in Writ Petition No. 4577/2021 wherein by the order dated 22.03.2021, selfsame order under challenge was a subject matter of the scrutiny of this Court. The writ petition was partly allowed and Virendra was directed to be granted validity certificate. We are bound by the course being followed by the coordinate bench in respect of the self-same common order. 4.
Admittedly, apart from the aforementioned facts and circumstances, Virendra's two cousins Shivaji Jaywant More and Shweta Jaywant More have been issued with validity certificates by orders of this Court. Considering all the aforementioned facts and circumstances, conditional validity was granted to Virendra.
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5.
The Writ Petitions are partly allowed. The impugned order is quashed and set aside even to the extent of present two petitioners. They shall be issued with validity certificates as 'Koli Mahadev' scheduled tribe immediately. These validities shall be subject to the final out come of the matters to be reopened by the committee.
6.
The petitioners shall not be entitled to claim equities. ( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 3/3