Bombay High CourtCAW/185/2024rejected

Shashant S/O Giridhar Nandanwar v. State Of Maha., Tribal Development Dept., Thr. Principal Secy., Mumbai And ORS.

2024-04-23Hon'Ble Shri Justice Avinash G. Gharote,Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 911 wp 6407-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.185/2024 IN WRIT PETITION NO. 6407/2023 Shashant s/o Giridhar Nandanwar Vs.

State of Maharashtra, Tribal Development Department, through Principal Secretary, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Firdos Mirza, Advocate for petitioner Shri H.D. Marathe, AGP for respondent Nos.1 to 3 Shri R.S. Wasekar, Advocate for Intervenor/applicant CORAM : AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ..

DATE D : 23/04/2024 The present application is filed, by the intervenor/ applicant who is a Society, for grant of permission to intervene in the matter. The caste claim is an exclusively personal claim, any outsider can't interfere and prevent a party from proving the personal claim in accordance with law. In such cases, the personal claim is required to be proved before the Authority appointed for the purpose under the relevant statute and the question that is to be decided would only be whether such personal claim is proved or not. If in such nature of the proceeding, if any outsider, are permitted to barge in and start opposing the claims, the proceedings would be reduced to an adversarial proceeding as if, some private dispute is going on between the parties. The proceedings are held only for verifying as to whether the candidate or applicant has established his

2 911 wp 6407-2023 claim or not. As such, the applicant would not have any right to intervene in the matter. The applicant was not party before the Caste Scrutiny Committee, as such, application is rejected.

(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) R.S. Sahare