Ku. Kamini Gautam Sarafi @ Sau. Kamini Manoj Nandvanshi v. The District Caste Verification Committee, Through Its Member /Secretary, Akola And 2 Otehrs

2024:BHC-NAG:3250-DB 1 WP3065-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3065/2018 (KAMINI GAUTAM SARAFI @ KAMINI MANOJ NANDVANSHI VERSUS THE DISTRICT CASTE VERIFICATION COMMITTEE, AKOLA & OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri A.S. Sonare, counsel for the petitioner. Shri N.S. Rao, Assistant Government Pleader for the respondents. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ .

D ATE : MARCH 15 , 202 P. C.

Heard the learned counsel for the parties.

2.

Vide impugned order dated March 19, 2018, the caste claim of the petitioner as that of belonging to 'Halbi' Other Backward Classes category came to be invalidated.

3.

A perusal of the impugned order depicts that the same not only sans reasons but also fails to consider the Vigilance Cell Report. As such, the entire order goes contrary to the provisions of Rule 12 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and verification of) Caste Certificate Act, 2000. Apart from above, the fact remains that the impugned order suffers from non-application of mind. 4.

That being so, the impugned order dated March 19, 2018 is quashed and set aside. We direct the petitioner to appear before the respondent no.1Committee on April 22, 2024. The petitioner's claim for the grant of validity certificate be decided within a period of six months from today. 5.

The writ petition is allowed in aforesaid terms and disposed of. No costs. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) APTE