Shruti Haresh Yadav v. The State Of Maharashtra Throu. Its Sec. Social Justice And Special Assistance Dept And ANR

1 5-WP-4984-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4984 OF 2024 Shruti Haresh Yadav

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

**** Mr. Anuj Gaikar a/w Sadik Pathan for the Petitioner. Ms. Shruti Vyas, Addl. GP a/w Ms. Dhruti Kapadia, AGP for Respondent/State.

**** SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date:

2024.07.25 17:09:55 +0530 CORAM : NITIN JAMDAR AND M.M. SATHAYE, JJ.

DATE : 25 JULY 2024 P.C. :

.

Heard learned counsel for the parties.

2.

The Petitioner has challenged the order passed by the Respondent Scrutiny Committee, Thane dated 7 June 2023. It is stated in the order of the Scrutiny Committee that the Petitioner was called on 3 dates, however there was no response and the Petitioner has relied upon a document which according to the Scrutiny Committee did not match with the name of her grandfather. 3.

The learned counsel for the Petitioner submitted that there is a gazette notification issued in respect of the Petitioner's grandfather Sneha Chavan

2 5-WP-4984-2024.doc and Petitioner's application also disclosed the validity certificate in favour of the Petitioner's father and these documents are already produced on record. It is submitted that in light of this position, the claim of the Petitioner be decided on merits. 4.

The impugned order itself has provided that if the shortfalls are removed, the Petitioner can reapply for the validity certificate. Even the Scrutiny Committee has not closed the matter finally as against the Petitioner. Therefore, we grant liberty to the Petitioner to apply before the Scrutiny Committee on the basis of the material that is annexed to the petition for verification of her caste claim. 5.

The view taken in the impugned order dated 7 June 2023, be treated as prima facie opinion in light of the stipulation of the order itself. Necessary decision be taken by the Scrutiny Committee as per law within a period of 8 weeks, subject to earlier time bound directions.

6.

Writ Petition is disposed of accordingly.

(M.M. SATHAYE, J.) (NITIN JAMDAR, J.) Sneha Chavan