Tanaya Bhujang Kamble Through Her Natural Guardian Bhujang Bhausaheb Kamble v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7870 OF 2020 Tanaya d/o Bhujang Kamble

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

.......

Mr. Santosh Jadhavar, Advocate for Petitioner Mr. S.P.Tiwari, A.G.P. for Respondents No. 1 and 2 Mr. M.D.Narwadkar, Advocate for Respondent No. 3 Mr. A.V.Hon, Advocate for Respondent No. 4 .......

CORAM :

S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE :

15-12-2020.

PER COURT :

01.

The caste claim of the petitioner belonging to Koli Mahadev scheduled tribe is invalidated.

02.

Mr. Jadhavar, the learned Counsel for the petitioner submits that the committee failed to consider the school record of the petitioner and her relatives in correct perspective. The entry in the school record of the grandfather of the petitioner was wrongly recorded. The learned Counsel further submits that there are other paternal relatives of the petitioner and entry in their school record shows tribe as Koli Mahadev (S.T.). The

2 949 wp-7870-20 petitioner be given an opportunity to place on record the additional documents to substantiate her claim. 03.

The learned A.G.P. for the respondent submits that the committee has rightly passed the impugned order. 04.

The matter pertains to the social status of the petitioner. With a view to give one more opportunity to the petitioner to place on record the additional documents as contended by the petitioner, we relegate the parties before the committee.

05.

In light of the above we pass following Order. 06.

The impugned Order is quashed and set aside.

07.

The petitioner is relegated before the Committee. The petitioner shall place on record the additional documents to prove her claim.

08.

After additional documents are filed, the committee may conduct vigilance. The petitioner shall appear before the committee on 21.12.2020. The committee shall consider the additional documents on record. The

3 949 wp-7870-20 committee may conduct vigilance in respect of those documents. The committee shall thereafter, decide the proceedings on it's own merits expeditiously. 09.

The writ petition is disposed of. No costs.

[SHRIKANT D. KULKARNI] [S.V.GANGAPURWALA] JUDGE JUDGE Dahibhate/-