Aayush Prashant Bastav v. State Of Maharashtra Through Its Secretary And ANR

2024:BHC-AS:49526-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9464 OF 2024 Aayush Prashant Bastav

...Petitioner

Versus

State Of Maharashtra Through Its Secretary And Anr.

...Respondents

...

Adv. R. K. Mendadkar a/w Priyanka Shaw for the Petitioner. Adv. S. B. Kalel, AGP for the Respondent State. ...

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 12th DECEMBER, 2024 Per Court :- 1.

The issue brought before the Court by the Petitioner was that his proposal for validation of his claim of belonging to the Koli Mahadev Scheduled Tribe Category was not being accepted by the Competent Committee at Thane only for the reason that his proposal was not sponsored either by an employer or by an educational institution. 2.

The Petitioner is in private employment. He desires a validity certificate since he claims that he belongs to the Koli Mahadev Scheduled Tribe Category. It is further mentioned that there are several

close relatives from the paternal side who have received validity certificates and in some cases, the Hon'ble High Court has granted them the validity certificates.

3.

We have seen in many cases of such kind wherein the Committee highhandedly refuses to even receive the proposal for validation. It is trite law that a candidate can tender his proposal for validation.

4.

The learned AGP now submits on instructions that the Committee is willing to receive the application forms/proposal of the Petitioner, physically, since the online application has already been tendered.

5.

The learned Advocate for the Petitioner submits that he would appear before Respondent No. 2 and tender the hard copy of the proposal.

6.

On costs, the Petitioner submits that Rs. 10,000/- may be awarded as cost and the said amount be donated to the Kirtikar Law Library in this Court.

7.

The Joint Commissioner shall deposit cost amount of Rs. 10,000/- from his salary bank account, in this Court, on or before 10th January, 2025, since he declined to accept the proposal of the Petitioner. The Registry shall transfer the said amount to the Kirtikar Law Library. 8.

In view of the above, this Writ Petition is disposed off as the statements made have been recorded.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 17/12/2024 18:32:16