Ms. Mantasha Abdulmunaf Soudagar v. The State Of Maharashtra Thru Secretary, Social Justice And Special Assistance Dept. And ANR

(33)­WP­3270­19.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3270 OF 2019 Ms. Mantasha Abdulmunaf Soudagar ..Petitioner

Versus

The State of Maharashtra and another ..Respondents Mr. Pavan S. Patil, Advocate for the Petitioner. Mr. S. B. Kalel, AGP for Respondents.

CORAM : B. R. GAVAI & DAMA SESHADRI NAIDU, JJ.

DATE : 18th MARCH, 2019 P.C.

1] The Petitioner has approached this Court being aggrieved by the order dated 10th October 2018, passed by the Respondent No.2 - Scrutiny Committee, thereby rejecting the claim of the Petitioner belonging to "Muslim Julaha" Other Backward Class (OBC).

2] It is the contention of the Petitioner that the documents which could not be obtained with due diligence prior to the impugned order being passed, are now available with the Petitioner. The Petitioner therefore prays for direction to the Respondent No.2 - Scrutiny Committee to re­consider the claim of the Petitioner. BGP. 1 of 2

(33)­WP­3270­19.doc.

3] In that view of the matter, the Writ Petition is allowed. The impugned order dated 10th October 2018 passed by the Respondent No.2 - Scrutiny Committee is quashed and set aside. The matter is remitted to the Respondent No.2 - Scrutiny Committee for deciding it afresh in accordance with law. 4] Needless to state that the Petitioner shall be given an opportunity to place additional material available with him on record.

[DAMA SESHADRI NAIDU, J.] [B. R. GAVAI, J.] BGP. 2 of 2