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Bombay High CourtWP/11357/2022disposed off

Rahul Subhash Nallewad Through Father And Natural Guardian Subhash Mahajan Nallewad v. The State Of Maharashtra Through Its Secretary And Others

2023-11-09Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Neeraj P. Dhote2 pages

921-WP-11357-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11357 OF 2022

1. Rahul s/o Subhash Nallewad Age: 17 years, Occu: Education R/o Tuppa, Tq. Nanded Dist. Nanded Through father and natural guardian Subhash s/o Mahajan Nallewad Age: 45 years, Occu: Service R/o. As Above ... Petitioner

Versus

1. The State of Maharashtra Through its Secretary Medical Education and Drugs Department Mantralaya, Mumbai

2. The Scheduled Tribe Caste Certificate Verification Committee Kinwat, Through its Dy. Director (R), at Aurangabad

3. The Commissioner & Competent Authority Commissionerate of Common Entrance Test Cell, Government of Maharashtra 8th Floor, New Excelsior Building A.K. Naik Marg, Fort, Mumbai ... Respondents ...

Mr. G. K. Chinchole h/f Mr. S. M. Vibhute, Advocate for the Petitioner Mr. A. S. Shinde, AGP for the Respondents/State Mr. S. G. Karlekar, Advocate for Respondent No.3 ...

CORAM

: MANGESH S. PATIL & NEERAJ P. DHOTE, JJ.

DATE :09.11.2023

921-WP-11357-2022.odt PER COURT :

.

Heard both the sides.

2.

By a common order in respect of the petitioner and his brother - Vedant Subhash Nallewad, the Scrutiny Committee confiscated and cancelled their '

Mannervarlu'

Scheduled Tribe certificates.

3.

This Court, in writ petition no.11387/2022 filed by Vedant Subhash Nallewad, has allowed the writ petition partly and has quashed and set aside the self-same common order.

4.

We allow the writ petition for the reasons mentioned in the order passed in the writ petition no.11387/2022 and quash and set aside the impugned order even to the extent of the petitioner. The Committee shall issue to the petitioner certificate of validity of '

Mannervarlu' Scheduled Tribe immediately. The validity shall be subject to the final outcome of the matters, which the Committee has decided to re-open.

5.

The petitioner shall not be entitled to claim equities. [NEERAJ P. DHOTE, J.] [MANGESH S. PATIL, J.] Sameer