Ku. Rewati D/O Dattatraya Suryawanshi Thr. Natural Guardian Father Dattatraya S/O B. Suryawanshi v. The State Of Maharashtra, Through Secretary, Tribal Welfare Department, Mumbai And Others

WP6326-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6326/2016 (REWATI DATTATRAYA SURYAWANSHI VERSUS THE STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms P.D. Rane, counsel for the petitioner.

Shri A.M. Joshi, A.G.P. for the R-1 & 2.

Shri Vipul Bhise, counsel for the R-3.

CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : NOVEMBER 29 , 2016.

By this writ petition, the petitioner challenges the order of the scrutiny committee refusing to verify the caste claim of the petitioner on the ground that the caste certificate tendered by the petitioner to the scrutiny committee along with the application for verification of the caste claim is not in Form-C.

Ms Rane, the learned counsel for the petitioner, states that the issue involved in this case was also involved in Writ Petition Nos.2216 of 2016 and 5289 of 2016 and this court had by the orders dated 16.06.2016 and 24.11.2016 respectively allowed the writ petition and had directed the scrutiny committee to decide the caste claim of the petitioner on merits in accordance with law.

On a reading of this writ petition and on a perusal of the orders dated 16.06.2016 and 24.11.2016 in Writ Petition Nos.2216 of 2016 and 5289 of 2016, it appears that the issue involved in the decided cases and this case is identical.

WP6326-16 Hence, for the reasons recorded in the orders dated 16.06.2016 and 24.11.2016 in Writ Petition Nos.2216 of 2016 and 5289 of 2016, this writ petition is allowed. The impugned order is quashed and set aside. The scrutiny committee is directed to decide the caste claim of the petitioner within one year from the date of the appearance of the petitioner before the scrutiny committee. The petitioner undertakes to appear before the scrutiny committee on 22.12.2016. The education of the petitioner is protected till her caste claim is decided.

Order accordingly. No costs.

JUDGE JUDGE APTE