Sayyada Khatoon W/O Nijamuddin ... vs Mohd. Kamil Ansari And Others
2021 Latest Caselaw 4637 Bom

1/3                                                                 3 mca 269.20.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

        MISC. CIVIL APPLCATION (M.C.A.) (REVIEW) NO.269 OF 2020
                                   IN
                      WRIT PETITION NO.566 OF 2019

                             Sayyada Khatoon w/o Nijamuddin Ansari
                                              Vs.
                                 Mohd. Kamil Ansari and others

Office     Notes,   Office                         Court's or Judge's orders
Memoranda of Coram,
Appearances,       court's
orders or directions and
Registrar's orders
                             Shri A.S. Siddiqui, Advocate for the applicant.
                             Shri N.S.Rao, APP for the non-applicant /State.


                                           CORAM : Z. A. HAQ AND
                                                   AMIT B. BORKAR, JJ.

DATE : 12.03.2021.

1. The original respondent No.6 in Writ Petition No.566/2019 seeks review of the judgment delivered in the petition on 4th March 2020. By the judgment delivered in Writ Petition No.566/2019, this Court has set aside the order passed by the Scrutiny Committee on 12th September 2018 and has also quashed the caste certificate issued by the Deputy Collector in favour of the original respondent No.6 on 8th June 2011. Paragraph No.3 of the reply filed by the respondent No.5-Collector Nagpur in Writ Petition is relied upon to allow the Writ Petition.

2. Learned Advocate for the Review applicant

2/3 3 mca 269.20.odt

(Original respondent No.6) submitted that the Non- Creamy Layer Certificate is issued only if the claim of the candidate that he belongs to Other Backward Class, is accepted, and not otherwise. It is submitted that in the reply, the Collector, Nagpur admitted that he had issued the Non-Creamy Layer Certificate, however it was denied that the caste certificate was issued in case No.MRC-81/63548/2010-2011.

3. The submission made by learned Advocate for the review applicant that the Non-Creamy Layer Certificate is issued only if the claim of the candidate that he belongs to other backward class is accepted and not otherwise, requires consideration. Hence, issue notice to the respondents, returnable on 23rd March 2021.

4. Shri N.S. Rao, learned APP waives notice for the respondent No.2/State of Maharashtra, respondent No.5-Divisional Caste Scrutiny Committee and respondent No.6- Collector, Nagpur.

5. Learned Advocate for the review applicant shall serve copy of review application on the Advocate on panel of State Election Commission and to the Advocate on panel of Nagpur Municipal Corporation and produce receipt of it on record of this review application within one week.

3/3 3 mca 269.20.odt

6. In addition, the review applicant shall serve the copy of review application on the respondent No.1, respondent No.3 and respondent No.4 by speed post acknowledgment due by supplying the postage stamp within three days from today.

                                          JUDGE                                JUDGE
Manisha