Rajnandini Ramesh Jadhav v. Director Of Medical Education And Research And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8086 OF 2020 Rajnandini Ramesh Jadhav ... Petitioner

Versus

Director of Medical Education & Research, CET Cell and others ... Respondents ....

Mr. M. S. Deshmukh, Advocate for petitioner Mr. K. B. Jadhavar, AGP for the State Mr. S. G. Karlekar, Advocate for respondent No.2 ....

CORAM :S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATED : 15th DECEMBER, 2020 PER COURT :- 1.

The caste claim of the petitioner of "Tokare Koli" Scheduled Tribe, has been invalidated.

2.

Mr. Deshmukh, the learned counsel for the petitioner submits that the father of the petitioner is issued with the validity certificate of "Tokare Koli" Scheduled Tribe. The learned counsel submits that said validity certificate has been overlooked by the committee. In fact, the committee ought to have granted validity on the basis of validity granted to the father of the petitioner. It is further submitted that while granting validity to the father of the

2 908-wp-8086-2020.doc petitioner, the then Scrutiny Committee gave a reference of validity granted to the cousin of the father of the petitioner, namely, Baliram Jadhav. The caste claim of Sunil Baliram Jadhav was initially invalidated by the committee. The said Sunil Baliram Jadhav assailed a judgment of the committee before this Court. This Court allowed the writ petition and directed the committee to grant validity certificate in favour of Sunil Baliram Jadhav. In the case of Sunil Baliram Jadhav, the vigilance was conducted. The learned counsel submits that in the case of the father of the petitioner also the vigilance was conducted.

3.

We have heard the learned AGP also.

4.

The committee has concluded that the petitioner could not prove the relationship of his father Ramesh with Sunil Baliram Jadhav. From the record also, no one can conclude about the relationship. Interalia, the petitioner will have to show relationship and also the entries considered by the committee while granting validity to Ramesh and/or Sunil Baliram Jadhav. 5.

Considering that the matter involves in the social status of the petitioner, we are inclined to grant one more opportunity to

3 908-wp-8086-2020.doc the petitioner to prove relationship of the petitioner and or his father with that of Shri Sunil Baliram Jadhav, as the same would be relevant.

6.

In light of the above, the impugned judgment is quashed and set aside. The parties are relegated before the Committee. The petitioner shall appear before the Committee on 17.12.2020. The petitioner may prove the relationship of her father with Sunil Baliram Jadhav, in accordance with law. The committee may consider the case put-forth by the petitioner in that regard and decide the proceedings afresh preferably by 22.12.2020, considering that the petitioner is desirous of exploring possibility of admission to professional course.

7.

The writ petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI ] [ S. V. GANGAPURWALA ] JUDGE JUDGE SMS