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Bombay High CourtWP/8472/2020disposed off

Aaditi Ganesh Koli Through Her Father Ganesh Rama Koli v. The State Of Maharashtra And Others

2022-01-06Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8472 OF 2020 Aaditi Ganesh Koli through her father Ganesh Rama Koli .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri S. R. Barlinge, Advocate for the Petitioner. Shri P. S. Patil, Addl.G.P. for Respondent Nos. 1 to 3. CORAM :

S. V. GANGAPURWALA AND S. G. DIGE, JJ.

DATE :

06TH JANUARY, 2022.

FINAL ORDER :

.

The caste claim of the petitioner as belonging to 'Tokre Koli' (Scheduled Tribe) is invalidated.

2.

Mr. Barlinge, the learned counsel for the petitioner has canvassed submissions on merits. Amongst other submissions, one of the submission of the learned advocate for the petitioner is that, the petitioner was also not given proper opportunity to cross examine, though the permission was granted to cross examine the Head Master who had brought the record as per the directions of the Committee.

3.

We have also heard the learned Additional Government Pleader for respondents/State.

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Considering the fact that, the matter pertains to the social status of the petitioner, we are inclined to grant one more opportunity to the petitioner to cross examine and comment upon the record, which the Committee relied upon on the ground that it does not inspire confidence.

5.

In the light of the above, we pass following order. 6.

The impugned order is quashed and set aside. The parties are relegated before the Committee. The petitioner shall appear before the Committee on 31.01.2022. The Committee shall permit the petitioner and/or her advocate to cross examine the head master afresh by directing the head master to produce the record again. The committee shall thereafter endeavour to decide the proceeding expeditiously and preferably within a period of two (02) months from the date of appearance of the petitioner.

7.

In view of the above, the writ petition is disposed of. No costs.

[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.] bsb/Jan.22