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Bombay High CourtWP/1502/2024rule absolute

Pratiksha D/O Vijay Sonone And Another v. The State Of Maharashtra, Department Of Tribal Development, Mumbai Thr. Secretary And ORS.

2024-03-04Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice M. W. Chandwani2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1502 OF 2024 (Pratiksha d/o. Vijay Sonone and another...Vs.. State of Maharashtra and others) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. Ashish Chaware, counsel for petitioners, Mr. M.K. Pathan, AGP for respondent Nos. 1 to 3/State. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ.

ATE : MARCH 4 , 202 Heard.

2.

The challenge is to the order dated 15.6.2023 and the order dated 17.2.2023, passed by respondent Nos. 2 and 3, whereby the prayer of the petitioners for issuance of the caste certificate as that of belonging to Koli Mahadev - Scheduled Tribe came to be rejected.

3.

Amongst other, the contentions are, in view of judgment delivered by learned Division Bench in Namdeo s/o. Baburao Ingale and Others Vs. Scheduled Tribe Caste Certificate Scrutiny committee, Amravati and Others, reported in 2015(2) Mh.L.J. 707, once the petitioner has submitted the document pertaining to the school record depicting entry Koli Mahadev, the Belkhede

2 38wp1502.2024..odt Committee cannot go into scrutinizing the case of the petitioner on merits as such powers are vested with the Scrutiny Committee at the time of issuing validity.

4.

Stand over to 11.3.2024, by way of last chance, as prayed. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Belkhede Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 05/03/2024 15:20:39