Bhoomi Bhaganna Koli Minor Thr. Legal Guarding Bhaganna Jagdev Koli v. The State Of Maharashtra Throu. The Sec. Tribal Development Dept And ORS

by PALLAVI MAHENDRA WARGAONKAR Date:

2024.10.11 11:12:32 +0530 PALLAVI MAHENDRA WARGAONKAR .. 1 ..

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13891 OF 2024 Bhoomi Bhaganna Koli Minor Thr. Legal Guarding Bhaganna Jagdev Koli

...Petitioners

Versus

The State Of Maharashtra Through The Sec. Tribal Development Dept And Ors.

...Respondents

...

Mr. Sachinkumar Rajepandhare, Advocate for the Petitioners. Mr. V.M. Mali, AGP for the Respondent Nos.1 to 4 - State. ...

CORAM : RAVINDRA V. GHUGE & M.M. SATHAYE, JJ.

DATE :- 9th OCTOBER, 2024 Per Court :- 1.

Leave to amend the date of the order in the prayer clause.

2.

The Petitioner claims to be belonging to the Koli Mahadev Scheduled Tribe Category. By judgment dated 9th September, 2024, the Petitioner's claim has been invalidated. The Petitioner is taking education.

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3.

In so far as the case of the Petitioner Bhoomi Bhaganna Koli is concerned, the Petitioner's father Bhaganna Jagdev Koli, has tendered an affidavit undertaking on her behalf (as she is a minor), declaring therein that if the invalidation of his daughter's claim is sustained by this Court, she would return all Degree Certificates/ Mark-Sheets/Memo and all educational credits and would not pursue the Engineering field, since she has secured admission to the Engineering College on the basis of her claim of belonging to the Scheduled Tribe Category. The affidavit undertaking dated 9th October, 2024 is taken on record and marked as 'X' for identification.

5.

Issue notice to the Respondents, returnable on 20th November, 2024. The learned AGP for Respondent Nos.1 to 3 waives service. In view of the affidavit undertaking, the admission of the Petitioner shall not be cancelled by the Competent Authority, only for the reason that her claim has been invalidated.

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6.

All office objections be removed on or before 23rd October 2024, failing which the Petition would stand dismissed without further reference to the Court, on 24th October, 2024. 7.

All the Respondents shall act in terms of this order. (M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)