Swati Raosaheb Pallewad vs The State Of Maharashtra And ...
2021 Latest Caselaw 540 Bom

                                   1                    80-WPST-373-2021


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                       WRIT PETITION ST. NO. 373 OF 2021


Swati D/o Raosaheb Pallewad                               ...Petitioner

              Versus

The State of Maharashtra and Ors.                         ...Respondents


Mr S.M. Vibhute, Advocate for Petitioner
Mr S.R. Yadav (Lonikar), A.G.P. for Respondent-State

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

                                DATE     : 11th JANUARY, 2021

 PER COURT :

1. The caste claim of the petitioner as 'Koli Mahadev' Scheduled

Tribe is invalidated.

2. Amongsts various arguments, one of the grounds agitated by

Mr Vibute, the learned Counsel is that the real brother of the petitioner

Shivraj had also applied for grant of validity certificate before the Scrutiny

Committee. The Scrutiny Committee invalidated the caste claim of the real

brother of the petitioner Shivraj. He filed writ petition bearing No.

9103/2019 before this Court. This Court under order dated 2 nd August,

2019 allowed the writ petition directing grant of conditional validity to him.

3. The learned Assistant Government Pleader affirms relationship

of the present petitioner with that of Shivraj. Shivraj s/o Raosaheb

Pallewad, the petitioner in writ petition No. 9103/2019 is real brother of the

present petitioner.

2 80-WPST-373-2021

4. For the reasons recorded in the judgment dated 2 nd August,

2019, in case of real brother of the petitioner, we follow the same course.

(i) The impugned judgment is quashed and set aside.

(ii) the committee shall issue validity certificate to the petitioner as

'Koli Mahadev' (S.T.) immediately. The same shall be subject to

the decisions in the cases of above referred validity holders

relied by petitioner and sought to be reviewed by the

committee. In case the validity certificate of the validity holder

relied by the petitioner is cancelled, the petitioner would not be

entitled to claim equity and protect the admission.

5. Writ petition is disposed of. No costs.

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

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