Bombay High CourtWP/851/2019disposedoff

Prajawal S/O Anil Bokade v. Scheduled Tribe Caste Certificate Scrutiny Committee, Thr. Its Member Secretary And Deputy Director

2019-02-28Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Shri Justice Rohit Baban Deo2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 851 OF 2019 (Prajawal s/o. Anil Bokade..vs.. The Scheduled Caste Certificate Scrutiny Committee & ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Ashwin Deshpande, counsel for applicant.

Mr. A.D. Sonak, Addl. Public prosecutor for respondents. CORAM : P.N. DESHMUKH AND ROHIT B. DEO, J.

DATED : 28 -02-2019 Learned Addl. Public Prosecutor seeks time to file affidavit in reply.

Prayer in this petition is for issuing directions to respondent no. 1 - Caste Scrutiny Committee to decide the caste claim of the petitioner expeditiously and to issue necessary caste validity certificate. By way of interim directions, petitioner's further education is protected till issuance of caste validity certificate. We find it to be the specific case of the petitioner that her father as well as real uncle are already issued caste validity certificate certifying them belonging to "Halba- Scheduled Tribe".

We have perused the caste validity certificates as mentioned in the petition. In that view of the matter and in view of the law laid down in Apoorva d/o. Vinay Nichale ..vs.. Divisional Caste Certificate Scrutiny Committee No.1 and others, reported in 2010(6)Mh.L.J. 401, petition is

2 wp851 of 19 liable to be allowed in terms of prayer clause (i) thereof by issuing directions to respondent 1 to decide the caste claim of petitioner within considerable period of three months from the date of receipt of this order.

With directions as aforesaid, petition is disposed of. JUDGE JUDGE Belkhede