Harshita Lokesh Tondwal v. The Member Secy. And The Research Officer, Dist. Caste Certif. Scrutiny Committee, Yavatmal And ANR

2025:BHC-NAG:11254-DB 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6281 OF 2025 Harshita Lokesh Tondwal -Vs.- The Member Secretary and the Research Officer, District Caste Certificate Scrutiny Committee, Yavatmal and another ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr.Vipul Bhise, Adv.for the petitioner.

Mr.A.M.Kadukar, AGP for the respondent-State. CORAM : SMT. M. S. JAWALKAR & RAJ D. WAKODE, JJ.

DATE : 14TH OCTOBER, 2025 P.C.

Heard the learned counsel for the petitioner. 2.

Learned AGP Mr.A.M.Kadukar waives notice for respondent No.1.

3.

It is contention of the petitioner that she belongs to 'Mali' caste, which falls in Other Backward Class Category. The petitioner is a student and pursuing her BBA (Second Year) from the respondent No.2-Smt.Maherbanu College of Science & Commerce, Akola. She is also having caste validity certificates issued in favour of her blood relatives, which are annexed with the writ petition at pages-34, 51, 52 and 53. Apart from this, two documents were procured by the petitioner, the school leaving certificate (Page-50) showing caste Mali dated 15/04/1955, wherein date of

2/3 birth of Bhagwan Chandraji Tondwal is shown as 15/03/1946 and another document dated 18/08/1966 (Page-49) is the extract of Birth Register in respect of daughter Indira born to Kisanlalji Chandraji on 10/08/1966, wherein caste is shown as 'Fulmali'. One another document, which is not placed on record in the writ petition, however, it is submitted across the bar, is a partition deed, which is based on the document of June, 1949. In view of this submission, we are of the considered opinion that the matter is to be remitted back to respondent No.1-District Caste Certificate Scrutiny Committee, Yavatmal for a fresh decision. The learned AGP has no objection for remanding the matter to respondent No.1District Caste Certificate Scrutiny Committee, Yavatmal. 4.

In view of above, the petition is partly allowed. 5.

The order passed by respondent No.1-District Caste Certificate Scrutiny Committee, Yavatmal dated 26/06/2025 in Case No.ED-2024-01541963/3052 is hereby quashed and set aside. The documents referred above needs to be verified by respondent No.1-District Caste Certificate Scrutiny Committee, Yavatmal and give fresh consideration to the earlier order passed by respondent No.1. As such, the matter is remitted back to the respondent No.1 for deciding afresh taking into consideration the documents referred above.

6.

Till the decision of respondent No.1-District Caste Certificate Scrutiny Committee, Yavatmal, the admission of the petitioner in BBA with respondent No.2-College is

3/3 hereby protected.

7.

The respondent No.1-District Caste Certificate Scrutiny Committee, Yavatmal is hereby directed to decide the caste claim of the petitioner within three months from the date of production of the copy of order of this Court before respondent No.1-District Caste Certificate Scrutiny Committee, Yavatmal.

8.

The petitioner to appear before respondent No.1District Caste Certificate Scrutiny Committee, Yavatmal on 03/11/2025 along with copy of this order and whatever documents she is relied for further consideration. 9.

In view of above, the petition stands disposed of. No costs.

(RAJ D. WAKODE, J) (SMT.M.S.JAWALKAR, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 18/10/2025 10:39:18