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Bombay High CourtWP/5743/2019allowed

Ku. Yamani Purushottam Tagrekar v. The State Of Maharashtra, Through Its Principal Secretary, Tribal Development Department, Mumbai

2020-12-04Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Avinash G. Gharote2 pages

wp5743.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5743 OF 2019 Ku. Yamini Purushottam Tagrekar, age : 25, occupation : student, r/o Ramdaspeth, Behind Dusrashreya Apartment, District Akola.

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Petitioner - Versus -

1) The State of Maharashtra, through its Principal Secretary, Tribal Development Department, Mantralaya, Mumbai - 32.

2) The Scheduled Tribe Caste Certificate Scrutiny Committee, through Deputy Director-cumMember Secretary, near Govt. General Hospital, Irwin Chowk, Amravati.

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Respondents ----------------- Shri G.N. Khanzode, Advocate for petitioner. Shri D.P. Thakare, Additional Government Pleader for respondents. ---------------- CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : DECEMBER 4, 2020 ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

Rule. Rule is made returnable forthwith. Heard finally by consent of learned Counsel for the parties.

wp5743.19 2) A statement is made before this Court by Shri Thakare, learned Additional Government Pleader for the respondents, that till date the caste claim of the petitioner has not been decided by the Scrutiny Committee. On 20/8/2019 this Court had directed the Scrutiny Committee to decide the caste claim of the petitioner in accordance with law. However, no time limit was fixed by this Court for the Scrutiny Committee to take its decision. It appears that now the time limit would have to be fixed by this Court. 3) In the result, the petition is allowed. The respondent no.2 is directed to decide the caste claim of the petitioner in accordance with law within a period of three months from today. 4) Rule is made absolute in the above terms. No order as to costs.

JUDGE JUDGE khj