Vaibhav Ulhas Naik., v. Caste Scrutiny Committee, Directorate Of Social Welfare, Govt. Of Goa And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 39 OF 2020 IN WRIT PETITION NO. 440 OF 2018 VAIBHAV ULHAS NAIK., ... Applicant

Versus

CASTE SCRUTINY COMMITTEE, DIRECTORATE OF SOCIAL WELFARE, GOVT. OF GOA AND 2 ORS., ... Respondents Mr. G. Panandikar, Advocate for the Applicant. Mr. Sagar Dhargalkar, Additional Government Advocate for the Respondent nos.1 and 2.

Ms. Akshata Bhat, Advocate for the Respondent no.3. Coram:- M. S. SONAK & SMT. M. S. JAWALKAR, JJ.

Date:- 28th January, 2020 P.C.

Heard Mr. G. Panandiker, the learned Counsel for the applicant, Mr. Dhargalkar, the learned Additional Government Advocate for the respondent nos.1 and 2 and Ms. A. Bhat, the learned Counsel for the respondent no.3.

2. Having heard the learned Counsel for the parties and having noticed that the order dated 22.12.2017 made by the Scrutiny Committee which is subject matter of challenge in the main petition had itself granted the petitioner opportunity to apply for

MCA/39/2020 a fresh Caste Certificate, we see no good reason to deny the petitioner the relief in terms of prayer clause A of this Civil Application.

3. Accordingly, this Civil Application is made absolute in terms of prayer clause A. This means that the petitioner is granted liberty to apply for fresh Caste Certificate for the purpose of answering the Civil Services Examination without prejudice to the rights of the petitioner in Case No.6 of 2016 which is pending adjudication.

4. The above Civil Application is disposed off in the aforesaid terms.

5. All concerned to act on the basis of the authenticated copy of this order.

SMT. M. S. JAWALKAR, J.

M. S. SONAK, J.

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