Vaibhav Baban Rankhamb v. The State Of Maharashtra And Others

1 108-wp 187-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 187 OF 2020 Vaibhav Baban Rankhamb .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Chandrakant D. Biradar, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 02nd NOVEMBER, 2020.

PER COURT:- .

We have heard the learned counsel for the petitioner and the learned Assistant Government Pleader for respondents. 2.

The caste claim of the petitioner is invalidated. The petitioner was claiming to belong to "Teli" O.B.C. category. 3.

During the course of hearing the learned counsel for the petitioner submits that the petitioner could not produce before the committee Hakk Nondani Patrak of 1351 Fasali. The name of the great grandfather of the petitioner namely Bhivaji is recorded in Hakk Nondani Patrak and he is shown as "Teli". The learned counsel further submits that the petitioner be given an opportunity to place the same

2 108-wp 187-2020.odt before the scrutiny committee.

4.

The learned A.G.P. submits that the said document was not before the committee. There were no documents inspiring confidence. 5.

It is a fact that the document, the copy of which is produced by the petitioner namely Hakk Nondani Patrak of 1351 Fasali was not before the committee. The committee could not get opportunity to conduct vigilance for the said document. The petitioner would also have to prove the relationship of the person named in the said document with that of the petitioner.

6.

Considering that the present matter pertains to the social status of the petitioner, we are inclined to give one opportunity to the petitioner.

7.

The impugned order is quashed and set aside.

8.

The parties are relegated to the scrutiny committee. The petitioner shall place on record the certified copy of the Hakk Nondani Patrak of 1351 Fasali (page no. 82) before the committee. The committee may conduct vigilance of the said document and shall also confirm the relationship of the petitioner with the person named in the said document and take decision afresh after hearing the petitioner.

3 108-wp 187-2020.odt 9.

The petitioner shall appear before the committee on 05.11.2020.

10. Considering the fact that the petitioner has appeared for NEET exam, the committee may endeavour to decide the validation proceeding by 25.11.2020.

11. Writ petition is disposed of. No costs.

( R. G. AVACHAT ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.