Dipali Bandurao Waghmare v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 996 WRIT PETITION NO.8413 OF 2020 WITH CA/2606/2021 IN WP/8413/2020 DIPALI BANDURAO WAGHMARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. S.M. Vibhute AGP for Respondents-State : Mr. S.K. Tambe ...

CORAM : S.V. GANGAPURWALA & S.G. DIGE, JJ.

DATED : 20/01/2022.

PER COURT :

.

The caste claim of the petitioner is invalidated. 2.

Mr. Vibhute, learned counsel for petitioner submits that Madhukar Lahu Waghmare is the paternal relative of the petitioner. The petitioner was not aware when the proceedings were pending before the Committee that she was issued with the validity certificate. The petitioner could lay his hand on the validity certificate of Madhukar only after filing the the present petition. 3.

The learned counsel submits that the petitioner could get the 7/12 extract to substantiate his relationship with Madhukar.

WP No.8413/20 4.

The learned counsel submits that opportunity be given to the petitioner to prove that the validity issued to Makhukar would be relevant factor.

5.

We have heard the learned AGP.

6.

Considering that the matter involves social status of the petitioner, we are inclined to grant one more opportunity to the petitioner. In the light of that, we pass the following order.

ORDER

i.

The impugned order is quashed and set aside.

ii.

The parties are relegated before the Committee. The petitioner shall appear before the Committee on Monday i.e. on 25.1.2022 and may place on record additional documents. The Committee shall thereafter reconsider the matter and decide it afresh. The Committee may try to decide the matter by 7th of February 2022 if it is possible for the Committee.

iii.

We have passed this order only because the petitioner contends that the petitioner has appeared for NEET

WP No.8413/20 examination and she is exploring the possibility of admission to professional course.

iv.

Writ petition is disposed of. Civil Application is also disposed of.

[ S.G. DIGE, J. ] [S.V. GANGAPURWALA, J.] ssc/