Atharva Ganesh Pawar vs Director Fof Technical Education ...
2021 Latest Caselaw 558 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD


                          WRIT PETITION NO. 281 OF 2021



Atharva S/o Ganesh Pawar                                  ...Petitioner

          Versus

Directorate of Technical Education,
Mumbai and Ors.                                           ...Respondents


Mr M.S. Deshmukh, 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 'Thakur - Scheduled Tribe'

 is invalidated.


 2.           Mr Deshmukh, the learned Counsel for the petitioner submits

 that the five paternal relatives of the petitioner are issued with the validity

 certificates of 'Thakur - Scheduled Tribe'. One Priyanka d/o Nandkumar

 Thakur is issued with the validity certificate under the orders of this Court

 dated 30th July, 2019 in writ petition No. 8297/2019 after considering all the

 documents.


 3.           The learned Counsel submits that the Committee has also not

 disputed the relationship of the present petitioner with Priyanka d/o




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 Nandkumar Thakur. According to the learned Counsel, the only reason for

 not accepting the judgment delivered by the Division Bench of this

 Court at Principal Seat in writ petition No. 8297/2019 dated 30 th July, 2019

 is that the Committee has preferred review petition of the said judgment.

 According to the learned Counsel, the judgment delivered in case of

 Priyanka d/o Nandkumar Thakur is still holding the field.


 4.           The learned Assistant Government Pleader submits that the

 contra entries appearing since the year 1912 of Bhat, Brahmabhat were

 not considered while this Court at the Principal Seat allowed the writ

 petition No. 8297/2019. The Committee has considered the said aspect.


 5.           It appears from the judgment that the Scrutiny Committee has

 not disputed that the present petitioner is paternal cousin of Priyanka d/o

 Nandkumar Thakur. The caste claim of Priyanka d/o Nandkumar Thakur

 was invalidated by the Committee. She filed writ petition bearing No.

 8297/2019 before the Principal Seat at Mumbai. The Division Bench of the

 Principal Seat under judgment and order dated 30 th July, 2019 allowed the

 said writ petition setting aside the judgment of the Scrutiny Committee and

 directed the Committee to issue validity certificate to the petitioner of

 'Thakur - Scheduled Tribe'. The judgment is not yet reviewed. The said

 judgment is still valid.


 6.           In light of the above and for the reasons given in the judgment

 dated 30th July, 2019 in writ petition No. 8297/2019, we pass the following

 order :-




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                               ORDER

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

(ii) The Scrutiny Committee shall issue the validity certificate to the

petitioner of 'Thakur - Scheduled Tribe'.

(iii) The said validity certificate shall be subject to the decision that

would be taken by the Division Bench at the Principal Seat in

review petition (stamp) No. 27370/2019 and I.A. No.1616/2019

filed by the Committee in case of Priyanka d/o Nandkumar

Thakur.

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

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

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