Bombay High CourtWP/6807/2013dispossed offdismiss for default

Rajat S/O Ashokrao Gadve v. The Divisional Caste Certificate Scrutiny Committee No.1, Amravati And 2 Others

2015-01-19Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.P. Bhangale2 pages

191wp6807.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6807 OF 2013 (Rajat s/o Ashokrao Gadve vs. The Divisional Caste Certificate Scrutiny Committee No.1, Amravati & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & A.P. BHANGALE, JJ.

JANUARY 19, 2015.

Heard Shri Deshpande, learned counsel for the petitioner and Shri Fulzele, learned Additional GP for respondent No. 1. Nobody appears for other respondents.

Shri Deshpande, learned counsel, without prejudice to other contentions raised in the petition, states that the caste claim of the petitioner as belonging to Wani OBC has been invalidated on 26.08.2013 by Respondent No.1 with a specific finding that the petitioner and his predecessors are Lingayat Wani. He invites attention to Government Resolution dated 04.09.2014 modifying the list of OBC. He points out that Lingayat Wani also finds recognition as a part of caste of Wani and has been recognized as OBC. The learned Additional GP for respondent No.

1 submits that on merits reply affidavit has been filed. However, he does not dispute the recognition of status extended to Lingayat Wani by Government Resolution

191wp6807.13 dated 04.09.2014.

It is apparent that vide Government Resolution dated 04.09.2014, State Government has accepted Lingayat Wani and Lingayat Tambodi to be sub-caste or part of caste Wani and Tambodi. There is a specific finding by the Scrutiny Committee in its order dated 26.08.2013 in para 12 that the petitioner and his ancestors are Lingayat Wani. It is, therefore, obvious that the petitioner is entitled to grant of validity as OBC. Hence, with a direction to Respondent No. 1 to issue validity accordingly to the petitioner within a period of eight weeks from today, we dispose of the present writ petition. No order as to costs. JUDGE JUDGE *GS.