Nidhi Narendrasing Rajput vs The State Of Maharashtra And ...
2021 Latest Caselaw 2007 Bom

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                                                                   W.P.1741-2021

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           BENCH AT AURANGABAD

                          WRIT PETITION NO. 1741 OF 2021

Nidhi d/o Narendrasing Rajput                                        ..Petitioner

        Versus

The State of Maharashtra and ors.                                    ..Respondents

Mr Prakashsing B. Patil, Advocate for petitioner
Mr A.R. Kale, A.G.P. for respondents no.1 and 2
Mr M.D. Narwadkar, Advocate for respondent no.3


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

DATE : 30th January 2021

PER COURT :

1. The caste claim of the petitioner as belonging to Rajput Bhamta - V.J.

is invalidated.

2. Mr Patil, learned Counsel for petitioner submits that the real uncle of

the petitioner namely Sanjay Surendrasing Rajput is issued with the validity

certificate of Rajput Bhamta - V.J. Akashsing Sanjaykumar Rajput, the son

of the paternal uncle of the petitioner is also issued with the validity certificate

of Rajput Bhamta. The learned Counsel submits that the contra entry

considered by the Committee in the school record of the grandfather of the

petitioner Surendrasing was also subject matter of consideration while

granting validity to Sanjaykumar, real paternal uncle of the petitioner. The

learned Counsel relies on the judgment of this Court in case of Apoorva d/o

Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1

and others, reported in 2010 (6) Mh.L.J. 401.

3. The learned A.G.P. submits that the contra entry of the year 1963 would

play vital role in proving the caste. The school entry of the grandfather of the

petitioner of the year 1963 records the caste as Hindu Rajput. The same is

W.P.1741-2021

contra entry. The petitioner could not prove her caste. The Committee has

rightly considered the said aspect.

4. It appears from the genealogy placed on record by the petitioner that the

paternal uncle Sanjaykumar Surendrasing Rajput is issued with the validity

certificate and his son Akashsing is also issued with the validity certificate. The

petitioner has placed on record the objection received while granting validity to

Sanjaykumar Surendrasing Rajput.

5. The documents relied by the petitioner appear to have been also subject

matter of consideration and the reference of the school record of the grandfather

Surendrasing recording caste as Rajput was also subject matter of consideration

in case of Sanjaykumar. The other entries in the school record of the petitioner,

her father, uncle appear to be recorded as Rajput Bhamta.

6. The learned A.G.P. submits that the Committee has decided to issue

show-cause notices to the paternal uncle of the petitioner and his son to whom

validations are issued.

7. In light of above, we pass the following order :

8. The Committee shall issue validity certificate to the petitioner as Rajput

Bhamta - V.J. immediately.

9. The said validity certificate would 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.

10. Writ Petition disposed of. No costs.

( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.)

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