Chaya Vishwas Patil Alias Chaya Atul Patil v. The State Of Maharashtra And Another

WP No.10924/21

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 976 WRIT PETITION NO.10924 OF 2021 CHAYA VISHWAS PATIL ALIAS CHAYA ATUL PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mr. Patil Atmaram J. AGP for Respondents State : Mr. K.N. Lokhande ...

CORAM : S.V. GANGAPURWALA & R.N. LADDHA, JJ.

DATED : 30/09/2021.

PER COURT :

.

The learned advocate for the petitioner submits that the proposal was submitted for verification of the caste certificate of the petitioner as belonging to "Kunbi" (OBC). The proposal is not accepted on the ground that the elections are not yet declared. 2.

The learned A.G.P. accepts notice for respondents. 3.

Time and again we have clarified that even if a private person files proposal for verification of his caste claim, complete in all respects, the same has to be accepted by the Committee. The Committee cannot deny to verify the caste claim of the person only on the ground that the same is not forwarded through

WP No.10924/21 institution or elections are not held. The citizen belonging to any caste, possessing caste certificate has right to get caste claim verified. In the light of above, we pass the following order.

O R D E R

(i) Respondent No. 2 Committee shall not refuse to accept the proposal of the petitioner for verification of the caste claim, if it is complete in all respects and is filed in accordance with the procedure.

(ii) In case the proposal is accepted, the Committee shall endeavour to decide it expeditiously.

(iii) With the aforesaid observations, writ petition is disposed of. No costs.

[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.] ssc/