Sanjay Shravan Hedaoo vs The State Of Maharashtra And 4 Ors
2016 Latest Caselaw 484 Bom

                                                           1                        wp1892.99

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                         
                               NAGPUR BENCH : NAGPUR




                                                                
                         WRIT PETITION NO.1892 OF 1999




                                                               
    Sanjay s/o Shravan Hedaoo,
    aged 17 years, minor through
    guardian father Shravan
    Parashramji Hedaoo, resident




                                                    
    of Telipura, Sitabuldi, Nagpur.                            ...            Petitioner

                     - Versus -
                                 
    1) The State of Maharashtra,
                                
       through Secretary to Tribal
       Welfare Department,
       Mantralaya, Mumbai - 32.
      


    2) The Committee for Scrutiny
       and Verification for Tribes Claims,
   



       through its Secretary and Deputy
       Director (Research), Adivasi
       Bhavan, Giripeth, Nagpur.





    3) The Visveshwaraya Regional
       College of Engineering, Nagpur,
       through its Principal.





    4) The State of Maharashtra, through
       Secretary to Higher and Technical
       Education, Mantralaya, Mumbai-32.

    5) The Director of Technical Education,
       Maharashtra State, 3, Mahapalika
       Marg, Mumbai.                   ...                                  Respondents
                                       -----------------




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    Shri N.C. Phadnis, Advocate for petitioner.




                                                                                             
    Shri        N.S. Rao, Assistant                       Government            Pleader          for




                                                                  
    respondent nos.1, 2, 4 and 5.
                                       ----------------

                                              CORAM :    B.P. DHARMADHIKARI AND 




                                                                 
                                                                   P.N. DESHMUKH, JJ.

DATED : MARCH 9, 2016

ORAL JUDGMENT (PER B.P. DHARMADHIKARI, J.) :

Shri Phadnis, learned Counsel for petitioner, upon instructions, seeks leave to withdraw the petition with liberty.

2) Shri Rao, learned Assistant Government Pleader for respondent nos.1, 2, 4 and 5, is opposing grant of liberty.

3) The petitioner was 17 years old when he approached this Court challenging the order

invalidating his caste claim as belonging to "Halba" (Scheduled Tribe). This Court admitted the matter, but interim relief was refused. As such, petitioner completed his education as an open category student. However, according to petitioner, his two sisters have been given caste validity. The learned Assistant

3 wp1892.99

Government Pleader submits that he is not aware of

any caste validity given to relatives of petitioner.

4) In this situation, if any such validity is already given to relatives of petitioner, we clarify that invalidity

of caste claim of petitioner by itself shall not be used for questioning that validity. With this clarification, we dispose of the petition as withdrawn. No costs.

                       JUDGE                                       JUDGE
                                
      


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