Adinath Apparao Thakar v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:20129-DB 1 WP / 9454 / 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 WRIT PETITION NO. 9454 OF 2024 ADINATH APPARAO THAKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Advocate for petitioner : Mr. Omgashad B. Boinwad AGP for the respondent - State : Mr. S.R. Yadav - Lonikar ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 2 SEPTEMBER 2024 PC :

The petitioner is before us being anxious that his proposal for validation of the tribe certificate is pending scrutiny by the respondent - scrutiny committee which is not deciding it finally, thereby depriving him of an opportunity to secure admission through MHTCET 2024, the last date for which is stated to be 09-09-2024. 2.

Learned advocate for the petitioner submits that the vigilance enquiry has been conducted, he was called upon to respond and accordingly, he even filed his reply on 08-07-2024. 3.

Learned AGP, on instructions, submits that due to the difference in the surnames of the blood relatives, some of which are

2 WP / 9454 / 2024 described as 'Bhosale' and others as 'Thakar', matter has been again sent for vigilance enquiry.

4.

Considering the observations of the Supreme Court in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and others; 2023 SCC Online SC 326, it is imperative for the committee to record reasons before sending the matter for vigilance enquiry.

5.

We are being informed that not all the orders of the committee are uploaded and it is only the final order which is uploaded on the website. He would also inform that the original papers have been transmitted to the vigilance office on 05-08-224, by expressly recording the reasons in the roznama dated 05-08-2024 in presence of the petitioner.

6.

We dispose of the petition by directing the petitioner to appear before the committee tomorrow i.e. 3 September 2024. The committee shall thereafter endeavour to decide his proposal as early as possible.

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/