Shri Dinesh Jayaram Patil vs State Of Maharashtra Through Its ...
2021 Latest Caselaw 10742 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                   WRIT PETITION NO. 2294 OF 2015
                               WITH
             INTERIM APPLICATION (ST) NO. 13674 OF 2021


Dinesh Jayram Patil                                ..Applicant/Petitioner
      Versus
State of Maharashtra & Ors.                        ..Respondents

                                      __________

Mr. Ramchandra K. Mendadkar, Advocate for Applicant/Petitioner.
Mr. Dashrath Dube a/w. Mr. Rupesh Dube, for Respondent Nos.3 &
4.
                          __________

                                  CORAM : SMT. SADHANA S. JADHAV &
                                          SARANG V. KOTWAL, JJ.

DATE : 10th AUGUST, 2021.

PC :

1. Heard learned counsel for the parties. This matter is

taken up for final disposal by consent of the parties.

2. This petition is filed challenging the impugned Judgment

and order dated 30/01/2015 passed by the Respondent No.2

Committee rejecting the applicant's claim as belonging to Mahadeo

Koli, Scheduled Tribe.

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3. The prayer (a) mentions that, orders be passed with

direction to the Respondent No.2 Committee to issue certificate of

validity in respect of caste certificate dated 08/01/1998 issued by

the Sub Divisional Officer, Alibag, Dist. Raigad.

4. The contention of the petitioner is that, he belonged to

Hindu Mahadeo Koli, Scheduled Tribe. His claim was rejected by

the Caste Scrutiny Committee. Learned counsel for the petitioner

invited our attention to the order dated 20/01/2021 passed by the

Caste Scrutiny Committee in case No.2/520/Edu/122020/213130.

By this order, one Om Kashinath Patil was granted validity of his

caste certificate that he belonged to Hindu Mahadeo Koli,

Scheduled Tribe. Learned counsel for the petitioner submitted that,

Om Kashinath Patil is real nephew of the petitioner, therefore, this

is a strong change in circumstance which entitles him for the

similar validation of his caste certificate. In this view of change

circumstance, in our opinion, it would be appropriate if the

petitioner is permitted to renew his claim before Caste Scrutiny

Committee.

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5. The order dated 30/01/2015 passed by the Respondent

No.2 which is the subject matter of this petition is set aside.

6. We, accordingly, remand the matter back to the

Respondent No.2 for consideration of his claim afresh in the

changed circumstances of issuance of Caste Validity Certificate in

favour of Om Kashinath Patil.

7. It is further directed that the Caste Scrutiny Committee

shall decide the applicant's claim within a period of four weeks

from today.

8. While issuing the Rule on 05/02/2020, Division bench of

this court had continued the ad-interim order granted earlier as an

interim order. The same order shall continue for a period of six

weeks from today.

9. Learned A.G.P. to communicate this order to Caste

Scrutiny Committee, forthwith.

10. The petitioner is at liberty to appear before the Caste

Scrutiny Committee on 18/08/2021.

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11. Writ Petition stands disposed of accordingly.

12. In view of disposal of this Writ Petition, the interim

application also stands disposed of accordingly.

(SARANG V. KOTWAL, J.) (SMT. SADHANA S. JADHAV, J.)

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