Vaibhav Vasant Telavane v. State Of Maharashtra And ORS

42. WP 13168 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 13168 OF 2024 Vaibhav Vasant Telavane

...Petitioner

Vs.

The State of Maharashtra and Ors.

...Respondents

***** Adv. R. K. Mendadkar a/w Adv. Jagadish C. Kawale - Advocate for the Petitioner Adv. Vaishali Choudhari - for the Respondent No. 3-UOI Shri N. C. Walimbe - Addl. GP a/w Smt. V. S. Nimbalkar - AGP for Respondent-State Ms. Gunjan Choudhary - Caste Scrutiny Raigad (Law officer) ***** CORAM :

M. S. KARNIK AND S. M. MODAK, JJ.

DATE :

02nd FEBRUARY 2026 P. C. :- 1.

Heard learned counsel for the Petitioner.

2.

It is the submission of the learned counsel for the Petitioner that the impugned order passed by the Scrutiny Committee calls for interference, as a personal hearing was not afforded to the Petitioner before the order was passed. The submission is that Scrutiny Committee has recorded the findings that the Petitioner has been able to establish his caste as Wani, which falls under OBC category, but the Caste certificate cannot be Digitally signed by SEEMA KSHITIJ YELKAR Date:

2026.02.06 11:17:11 +0530 validated as the Caste certificate in respect of which validation is sought was SEEMA KSHITIJ YELKAR Seema 1/2

42. WP 13168 of 2024.doc issued without following the proper procedure. 3.

The contention raised in the petition is that no opportunity of hearing was given to the Petitioner before the order came to be passed. This has not been controverted in the affidavit-in-reply filed by the Respondents. 4.

On this background, the impugned order dated 02.09.2024 passed by Respondent No. 2-Committee is quashed and set aside. 5.

The Petitioner to remain present before the Scrutiny Committee on 16.02.2026 at 11.00 a.m..

6.

The Committee to decide the claim of the Petitioner afresh on the basis of materials and in accordance with law. 7.

The Committee shall decide the claim without being influenced by the observations made in the impugned order.

8.

The Caste claim for grant of the validity certificate be decided within a period of six months from 16.02.2026.

9.

With the above observations, the Writ Petition is disposed of. 10.

Pending Interim Application, if any, also stands disposed of. 11.

All contentions of either of the parties are kept open. (S. M. MODAK, J.) (M. S. KARNIK, J.) Seema 2/2