Ketki Satyawan Thakur vs The State Of Maharashtra And ...
2021 Latest Caselaw 16487 Bom

                                            1                            134 wp.11612.21 anr.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.
                         134 WRIT PETITION NO.11612 OF 2021

                          KETKI D/O SATYAWAN THAKUR
                                    VERSUS
                    THE STATE OF MAHARASHTRA AND OTHERS
                                       ...
Advocate for Petitioner : Mr. Sunil M. Vibhute.
AGP for Respondent/State: Mr. A. R. Kale.
Advocate for Respondent No.4: Mr. S. S. Gangakhedkar.
Advocate for Respondent No.5 : Mr. M. D. Narwadkar.
                                       ...

                                       WITH
                           WRIT PETITION NO.11631 OF 2021

                       KAUSTUBH S/O SATYAWAN THAKUR
                                   VERSUS
                    THE STATE OF MAHARASHTRA AND OTHERS
                                       ...
Advocate for Petitioner : Mr. Sunil M. Vibhute.
AGP for Respondent/State: Mr. A. R. Kale.
                                       ...


                                     CORAM : S. V. GANGAPURWALA &
                                             R. N. LADDHA, JJ.

                                     DATE       :   29th November, 2021.

PER COURT:

.                  The caste claim of the petitioners and their father were

decided by the common judgment. The irony is that the father claims

to belong to Thakur and the petitioners as Thakar. Both the claims

were invalidated. The father had filed Writ Petition No.11614 of 2021.

Mr.Vibhute, learned counsel appearing for the father accepted

invalidation as Thakur Scheduled Tribe and stated that the petitioner

therein would take corrective steps as belonging to Thakar Scheduled

2 134 wp.11612.21 anr.odt

Tribe. The present petitions are filed by the daughter and son wherein

they are claiming to belong to Thakar Scheduled Tribe. Their claim is

also invalidated. The vigilance was conducted keeping in mind the

father's claim as Thakur.

2 Of course, the record would remain the same. The record

would not change. There are other validity certificates issued to the

paternal relatives relied by the petitioners of Thakar Scheduled Tribe.

3 To remove the anomaly, it would be appropriate if the

Committee revisits the judgment.

4 In light of that, we set aside the impugned judgment and

relegate the parties before the Committee.

5 The petitioners shall appear before the Committee on 2nd

December, 2021.

6 As the petitioner has appeared for NEET PG exam, the

proceedings shall be positively decided by the Committee, in any case,

by 20th December, 2021, considering the claim to be of Thakar

Scheduled Tribe.

7 The writ petitions are disposed of. No costs.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga