Smt. Jayshree Gangadhar Bagul vs State Of Maharashtra And Ors
2021 Latest Caselaw 15660 Bom

ppn                                    1                    10. wp-7399.21.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

                        WRIT PETITION NO.7399 OF 2021

Jayshree Gangadhar Bagul                          ..       Petitioner
      Versus
The State of Maharashtra & Ors.                   ..       Respondents

           ---
Mr.R.K. Mendadkar a/w Mr.Tanaji Jadhav for the petitioner.
Mr.R.P.Kadam, AGP for the respondent nos.1 to 3.
           ---

                                CORAM : R.D. DHANUKA
                                        ABHAY AHUJA, JJ.

DATE : 29th October 2021

P.C.:-

. Mr.Mendadkar, learned counsel for the petitioner invited our attention to the order dated 3rd February 2021 passed by the Division Bench in Writ Petition No.5334 of 2019 filed by his client against the State of Maharashtra thereby directing the respondent no.3 to consider and dispose of the application of the petitioner for tribe certificate in the name of 'Koli Mahadev' within three weeks from the date of the said order and further directing the respondent no.2 Scrutiny Committee to proceed to consider her validation claim in accordance with the judgment in case of Prakash Subhash Bhople Vs. Deputy Collector (General), District Latur. This Court also directed the respondent no.4 Institution not to take any adverse action against the petitioner on account of her failure to produce a validity certificate so far.

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2. It is submitted by the learned counsel for the petitioner that the order dated 3rd February 2021 has not complied with by the authority till date. In the meanwhile, the Nashik Municipal Corporation has issued a show cause notice on 6th September 2021 directing this petitioner to produce caste validity certificate within two months and threatening to take appropriate steps under the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000.

3. Learned AGP to make a statement before this Court as to whether the said order dated 3 rd February 2021 passed by this Court is complied with or not and if not complied, as to when the same shall be complied with.

4. Learned AGP waives service for the respondent nos.1 to 3. Issue notice upon the respondent no.4, returnable on 29 th November 2021. Humdast is permitted. In addition to the Court notice, the petitioner is permitted to serve the respondent no.4 by private service by all permissible modes available in law.

5. Affidavit-in-reply, if any, shall be filed within three weeks from the date of service of papers and proceedings with a copy to be served upon the petitioner's advocate simultaneously. Rejoinder, if any, shall be filed within one week thereafter with a copy to be served upon the respondents' advocate.

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6. Till next date, there shall be ad-interim relief in terms of prayer clauses (b) and (c). The petitioner is directed to convey this order to the respondent no.4 for information and compliance. Parties to act on the authenticated copy of this order.

       ABHAY AHUJA, J.                         R.D. DHANUKA, J.