Manali Prakash Wankhede v. State Common Entrance Test Cell Through Its Commissioner And Competent Authority And Another

1 wp 13290.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 971 WRIT PETITION NO.13290 OF 2021 MANALI PRAKASH WANKHEDE

VERSUS

STATE COMMON ENTRANCE TEST CELL THROUGH ITS COMMISSIONER AND COMPETENT AUTHORITY AND ANOTHER ...

Advocate for Petitioner: Mr. Phatale Sagar S Advocate for Respondent No. 1: Mr. S. G. Karlekar AGP for Respondent No. 2: Mr. P. K. Lakhotiya ...

CORAM: S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE:

02nd DECEMBER, 2021 PER COURT:

1.

The tribe claim of the Petitioner as Thakur, Scheduled Tribe is invalidated.

2.

Amongst other submissions, one of the submission made by the learned Counsel for the Petitioner is that the son of the real uncle of the Petitioner namely Vedant S/o. Vilasrao had applied for validity of his tribe certificate, the same was invalidated. He filed Writ Petition No. 9008 of 2018. This Court under order dated 03.08.2018 allowed the Writ Petition directing the Committee to grant validity to him.

3.

We have heard the learned A.G.P.

2 wp 13290.2021 4.

The learned A.G.P. submits that this Court had granted conditional validity. There are contra entries on record.

5.

The relationship between the Petitioner and Vedant S/o. Vilasrao is not disputed. Vedant is the son of paternal uncle of the Petitioner.

6.

In the view of above, we follow the same course as in the case of Vedant S/o. Vilasrao. 7.

The committee shall issue validity certificate to the petitioner of 'Thakur', Scheduled Tribe. The same would be subject to the decision the committee would take in the proceedings that are being reopened of the validity holders relied by the petitioner. The committee shall issue the said certificate to the petitioner immediately.

8.

In case after reopening the proceedings the tribe claim of the validity holders relied by the petitioner is invalidated the petitioner shall not be entitled to claim equity nor will be entitled to protect his admission.

9.

Writ Petition accordingly stands disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe