Rupali Rajendra Majkuri And Another v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 11679 OF 2023 IN WP/4875/2020
1. RUPALI RAJENDRA MAJKURI
2. RAVI RAJENDRA MAJKURI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Applicants : Mr. Rodge Krishna Pratap AGP for Respondent Nos. 1 to 3 & 6 to 9 : Mr. A.A. Jagatkar Advocate for Respondent No. 4 : Mr. Dhananjay Deshpande ...
CORAM
: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.
DATE : 15 SEPTEMBER 2023 PER COURT :
The applicants / petitioners have put forth a grievance that their Writ Petition was partly allowed and disposed of, wherein, the Scrutiny Committee was directed to issue validity certificates to the petitioners subject to the condition that their validities would depend upon the outcome of the matters which the Committee has decided to re-open. While issuing the certificate of validity the Scrutiny Committee seems to have endorsed thereon title 'Conditional Validity'. 2.
When we direct the certificate of validity to be issued, the right of the petitioners to have it is made subject to the condition and not the certificate itself. The Committee ought to have issued the certificate of validity strictly in form 'G' under Rule 12 (7) and 12 (9-A) of the rules of 2003 framed under the Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis), Nomadic Tribes,
Other Backward Classes and Special Backward Category (Regulation of issuance and Verification of) Caste Certificate Act, 2000. 3.
We allow the application by directing the Scrutiny Committee to issue fresh certificate of validity strictly in form 'G' without adding anything. Till that time, the validity certificates possessed by the petitioners, even if bear such condition shall be treated by all the authorities as validity for all the purposes. 4.
Civil Application stands disposed of.
5.
Parties to act upon authenticated copy of this order. [ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] spc/