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Bombay High CourtWP/2412/2019dismissedrule discharged

Priyanka D/O Keshav Chavhan, A.K.A. Priyanka W/O Shrikant Pawar v. District Caste Scrutiny Committee, Washim And 3 Others

2020-01-27Hon'Ble Shri Justice Ravi K. Deshpande,Hon'Ble Shri Justice Amit B. Borkar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.2412 OF 2019 Priyanka d/o Keshav Chavan vs.

District Caste Scrutiny Committee, Washim and ors. .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders .............................................................................................................................................. Shri Ranjeet Singh Gahilot, Advocate for the petitioner.

Shri N.R. Patil, AGP for respondent no.1, 2 and 4. Shri J.B.Kasat, Advocate for respondent no.3. CORAM : R.K. DESHPANDE & AMIT B. BORKAR, JJ.

DATED : 27.01.2020.

The claim of the petitioner for issuance of validity certificate for "Kunbi" Other Backward Class category has been rejected by the Scrutiny Committee by an order dated 1.2.2019, which is the subject matter of challenge in this petition. The petitioner was elected as "Sarpanch" against the post reserved for Other Backward Class category some time in the year February 2015 and till this date, he is occupying the said post.

2.

After going through the order passed by the Caste Scrutiny Committee and the documents placed on record by the petitioner in support of the claim, what we find is that the petitioner has failed to establish the claim for "Kunbi"

Other Backward Class category. Two documents are relied upon, one is the School Leaving Certificate issued in the name of Narhar Rustamrao and another is the first page of Service Book in the name of the father of the petitioner. 3.

We are unable to find that the petitioner has established the relation with Narhar Rustamrao. The service book entry cannot be considered as an authenticate document to substantially establish the claim of the petitioner for `Kunbai" Other Backward Class category. 4.

Writ Petition is dismissed.

5.

We direct respondent no.4-Collector, Washim, to take immediate steps to issue an order of disqualification to the petitioner.

JUDGE JUDGE Ambulkar