Rohini Vikas Thakur v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13180 OF 2021 Rohini Vikas Thakur .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Digambar B. Shinde, Advocate for the Petitioner. Shri S. P. Tiwari, A.G.P. for Respondent Nos. 1 to 3. CORAM :

S. V. GANGAPURWALA AND S. G. DIGE, JJ.

DATE :

09TH DECEMBER, 2021.

FINAL ORDER :

.

The caste claim of the petitioner as belonging to 'Thakur' Scheduled Tribe is invalidated.

2.

The learned counsel for the petitioner submits that, along with the say to the vigilance report, the petitioner has placed on record the transfer certificate of her great grandfather namely Shankar Kalu Thakur of the year 1921. Said great grandfather of the petitioner had taken admission on 10.09.1915. The said document was considered in the proceeding of her paternal uncle. The vigilance was also conducted. The claim of the paternal uncle of the petitioner is pending with the committee. 3.

We have also heard the learned Assistant Government Pleader for respondent Nos. 1 to 3.

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The committee did not have the occasion to consider the document sought to be produced by the petitioner in the present matter of whose vigilance was conducted in the case of paternal uncle of the petitioner namely Prashant Gorakh Thakur. The said matter of her uncle is pending. It would be appropriate for the committee to consider the said document.

5.

In the light of that, we pass following order. 6.

The impugned order is quashed and set aside. The matter is relegated before the Committee. The petitioner shall appear before the Committee on 10.12.2021. The Committee may endeavour to decide the proceeding of the petitioner by 17th December, 2021 considering the fact that the petitioner is exploring possibility of admission to the engineering course. If vigilance in respect of said document is already conducted in the matter of paternal uncle of the petitioner, same can be considered by the Committee.

7.

The matter of the present petitioner may be decided along with matter of paternal uncle namely Prashant Gorakh Thakur, expeditiously and preferably by 17.12.2021. The writ petition is disposed of. No costs.

[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.] bsb/Dec. 21