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Bombay High CourtWP/14227/2019disposed offdismissed for default

Dnyaneshwar Asaram Vanarase v. The State Of Maharashtra And Others

2019-12-20Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 966wp14227o19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14227 OF 2019 DNYANESHWAR ASARAM VANARASE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Shri V.B.Kulkarni AGP for Respondents 1, 3 to 5 : Shri S.W.Munde Advocate for Respondent 2 : Shri Kadethankar Ajit B. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 20th December, 2019 Per Court:

The petitioner is aggrieved by the order of the District Collector dated 04.10.2019 by which, his application seeking disqualification of respondent No.7 on the ground that she carries a fabricated caste certificate, has been rejected. I have considered the submissions of the learned advocate for the petitioner, the learned AGP on behalf of respondent Nos.1 and 3 to 5 and Shri Kadethankar, learned advocate appearing for respondent No.2. It is informed that the caste certificate of respondent No.7 has been validated by the competent caste scrutiny committee constituted under the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and

*2* 966wp14227o19 Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. I am, therefore, of the view that once the caste certificate has been validated by the competent authority under the special statute, the District Collector cannot initiate parallel investigation to find out whether, the caste certificate is bogus or not? In view of the above, this Writ Petition, being devoid of merit is, therefore, dismissed.

kps (RAVINDRA V. GHUGE, J.)