Ashwini Babadas Patodekar v. The State Of Maharashtra Through Its Secretary And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 WRIT PETITION NO. 10808 OF 2023 ASHWINI BABADAS PATODEKAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mr. Thorat Chandrakant R. AGP for Respondents : Mr. A.A. Jagatkar ...

CORAM

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

DATE : 30 AUGUST 2023 PER COURT :

Heard both the sides.

2.

The petitioner's proposal is awaiting decision by the respondent no. 2 - Scrutiny Committee, for invalidation of her tribe certificate of 'Koli Mahadev' scheduled tribe. 3.

Learned Advocate for the petitioner submits that proposal of petitioner's real sister Aakanksha was before the Committee which was rejected. The order was challenged before this Court and in Writ Petition No. 5575 of 2021, by the order dated 16 December 2021, this Court allowed the Writ Petition and directed certificate of validity to be issued to her subject the matter of their father Babadas which the Committee had decided to reopen. He submits that the petitioner is in urgent need of decision to enable her to take admission to a professional course in the on going process. She is ready to adopt the vigilance report conducted at

the time of Aakanksha and even ready to adopt the reply filed by her as it is. He submits that by moving application dated 05 April 2023, the petitioner has requested the Committee on the same lines but still the Committee is not considering the request.

4.

We dispose of the Writ Petition by directing the respondent no. 2 - Scrutiny Committee, to take into consideration the petitioner's request made vide the application dated 05 April 2023 (exhibit 'D'), on its own merits and endeavor to decide the petitioner's proposal as expeditiously as possible.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] spc/