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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.2402 of 2002
Rajesh s/o. Pundlikrao Bokade,
Aged about 22 years, Occ.
Student, r/o. Saramaspura,
Achalpur City, Tq. Achalpur,
Distt. Amravati. .. PETITIONER
.. Versus ..
1. The Scheduled Tribes Caste
Certificates Scrutiny Committee,
Irwin Chowk, Amravati, through
its Member Secretary.
2. The State of Maharashtra,
through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai - 32.
3. The Dean,
Government Medical College,
Nagpur, District Nagpur.
4. The Nagpur University,
Nagpur, through its Registrar,
Nagpur.
5. Director of Medical Education
& Research, St. George Hospital
Compound, Government Dental
College Building, Fourth Floor,
Near Chhatrapati Shivaji Terminus
(CST), Mumbai-1.
6. State of Maharashtra,
through its Secretary,
Medical Education & Drugs
Department, Mantralaya,
Mumbai.
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7. Maharashtra University of
Health Sciences, Anandvalli,
Gangapur Road, Nashik 422 013
through its Registrar. .. RESPONDENTS
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Mr.Ashwin Deshpande, Advocate for the Petitioner.
Smt.S.W.Deshpande, Advocate for Respondent No.1.
Mr.A.A.Madiwale, A.G.P. for Respondent Nos. 2, 3 and 5 to 6.
Mr.J.B.Jaiswal, Advocate for Respondent No.7.
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CORAM : B.R. GAVAI &
A.S.CHANDURKAR, JJ.
DATED : April 24, 2017.
ORAL JUDGMENT (Per B.R. Gavai, J) :
1. Rule. Rule is made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.
2. The petitioner has approached this Court being aggrieved by the Judgment and Order passed by respondent no.1/Committee, dt.16.4.2002 thereby invalidating the caste claim of the petitioner as belonging to 'Halba' Scheduled Tribe.
3. Though the petitioner has a good case on merits, we do not find it necessary to go into merits inasmuch as the claim of the petitioner's real sister namely Ku. Kalpana Pundlikrao Bokade has been considered on merits by this Court in Writ Petition No.811 of 2003 vide Judgment and Order dt.30.11.2015. In the said ::: Uploaded on - 25/04/2017 ::: Downloaded on - 26/04/2017 00:43:43 ::: 3 wp2401.02.odt Judgment, relying on the earlier Judgment in the case of Priya s/o. Pravin Parate vs. Scheduled Tribes Caste Certificates Scrutiny Committee, Nagpur and Others reported in 2013 (1) Mh.L.J. 180, it has been held that the petitioner therein Kalpana Bokade was entitled to the declaration that she belongs to 'Halba' Scheduled Tribe.
4. In that view of the matter, in view of the Judgment of the Division Bench of this Court in the case of Apoorva d/o. Vinay Nichale .vs. Divisional Caste Certificate Scrutiny Committee No.1, Nagpur and Other (Writ Petition No.1504 of 2010), the petitioner herein is also entitled to be declared as belonging to 'Halba' Scheduled Tribe. In the result, the impugned order is quashed and set aside. It is held and declared that the petitioner belongs to 'Halba' Scheduled Tribe. The respondent/Scrutiny Committee is directed to issue Validity Certificate in favour of the petitioner within a period of four weeks from today.
Rule is made absolute in the above terms. Civil Application No.847 of 2017 praying for disposal of the present petition is disposed of.
No order as to costs.
JUDGE JUDGE
JAISWAL
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