Vaishnavi Dnyanoba Garud vs State Common Entrance Test Cell ...
2021 Latest Caselaw 2629 Bom

                                       1                                wp 2531.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               925 WRIT PETITION NO.2531 OF 2021
                VAISHNAVI DNYANOBA GARUD
                          VERSUS
       STATE COMMON ENTRANCE TEST CELL AND OTHERS
                           ...
     Advocate for Petitioner: Mr. Phatale Sagar S
   Advocate for Respondent No.1: Mr. S. G. Karlekar
    AGP for Respondents/State: Mr. P. K. Lakhotiya
                           ...

                               CORAM: S. V. GANGAPURWALA &
                                      SHRIKANT D. KULKARNI, JJ.

                               DATE:       09th FEBRUARY, 2021

 PER COURT:

1. The tribe claim of the petitioner as Thakur,

Scheduled Tribe is invalidated.

2. Amongst various submissions, one of the

submission made is that, the paternal cousins are

issued with the validities under the directions of

this Court in Writ Petition No. 8739 of 2019, 8761

of 2019 and at Principal Seat in Writ Petition

No. 7460 of 2018. It appears that the relationship

is not disputed. At the Principal Seat, in case of

Kunal S/o. Jitendra Garud, in Writ Petition

No.7460 of 2018, dated July 30, 2018, the Division

Bench observed thus-

2 wp 2531.2021

"7. In the circumstances, in the light of the judgment in the case of law laid down in the cases of Apoorva Nichale, Anand vs. Committee and Raju Ramsing Vasave (supra), the Petitioner is entitled to be granted caste validity certificate forthwith. However, the issuance of the certificate shall be subject to the outcome of the show cause notice which has been issued against the paternal cousin uncle and paternal cousin brothers and sister the Petitioner by the Committee as the caste validity certificate issued to them is found to be based on interpolation/adverse entries."

3. In light of that, we follow the same course.

4. The Committee shall issue validity

certificate to the petitioner of Thakur, Scheduled

Tribe immediately.

5. The said validity certificate shall be

subject to the decision that would be taken by the

committee in the proceedings re-opened of the

validity holders relied by the petitioner.

6. Writ Petition is accordingly disposed of. No

costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]

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