Akanksha Arun Gaikwad ... vs State Common Entrance Test Cell ...
2021 Latest Caselaw 17846 Bom

                                      1                       1005-WP-14585-21.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                     1005 WRIT PETITION NO.14585 OF 2021

                    AKANKSHA D/O ARUN GAIKWAD
                                  VERSUS
       THE STATE COMMON ENTRANCE TEST CELL AND ANOTHER
                                     ...
            Mr. Sagar S. Phatale, Advocate for the petitioner.
             Mr. S.G. Karlekar, AGP for the respondent/State.
                                     ...
                                CORAM : S. V. GANGAPURWALA AND
                                            S. G. DIGE, JJ.

                                  DATE    : 22nd DECEMBER, 2021

PER COURT :-

1. The tribe claim of the petitioner belonging to 'Thakur" scheduled tribe is invalidated.

2. Amongst other submissions, one of the submissions of learned advocate for the petitioner is that real paternal cousin of the petitioner Praveen Vasant was denied validity certificate by the Committee. In Writ Petition No.8258 of 2019, this court under judgment and order dated 15th December, 2020 directed the Committee to issue validity certificate to him. The learned counsel submits that, in addition, father of the petitioner is issued with validity certificate, so also, four cousin grandfathers and cousin uncle of the petitioner are also issued with validity certificates. Paternal Aunt and uncle of the petitioner are also issued with certificates.

3. The learned AGP for respondents submits that there are many contra entries on record. Considering the contra entries, it is established that petitioner does not belong to "Thakur" Scheduled tribe, but he belongs to "Bhat Thakur" Scheduled Tribe. Relationship of the

2 1005-WP-14585-21.odt

petitioner with Praveen S/o Vasant being his paternal cousin was also not disputed. The Co-ordinate Bench of this Court has issued validity certificate to him. So also, validities are issued to the father of petitioner, cousin grandfathers, cousin uncle and paternal aunt.

4. In light of the above, we pass the following order.

(i) The Committee shall issue validity certificate to the petitioner as "Thakur" scheduled tribe.

(ii) The said validity certificate shall be subject to the decision that would be taken by the Committee in the proceeding reopened of the validity holders relied by the petitioner.

5. Writ petition is accordingly disposed of. No costs.

 ( S.G. DIGE )                                    ( S.V. GANGAPURWALA )
     JUDGE                                                JUDGE




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