Shreyas Sunil Pawar vs The State Of Maharashtra And ...
2022 Latest Caselaw 1338 Bom

                                                                           1WP14191.21

                                        -1-

                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                         BENCH AT AURANGABAD

                        WRIT PETITION NO. 14191 OF 2021

Shreyas Sunil Pawar                                              ....Petitioner

          VERSUS

The State of Maharashtra and Others                              ...Respondents

Advocate for Petitioner : Mr. S.M. Vibhute
AGP for Respondent Nos. 1 & 2 : Mr. S.B. Pulkundwar
Advocate for Respondent No. 3 : Mr. S.G. Karlekar

                                CORAM : A.S. GADKARI & S. G. MEHARE, JJ.

                                Date    : 08.02.2022


P.C. :-
                                Operative Order

1. As a result of the above deliberation, the petition is allowed.

2. The impugned Order of respondent No. 2 Committee dated

02.12.2021 is quashed and set aside.

3. Rule is made absolute in terms of prayer clause (B).

4. Respondent No. 2 is directed to issue caste validity certificate

indicating that, the petitioner belongs to 'Thakur' as Scheduled Tribe

immediately.

5. It is needless to state that such grant of Validity Certificate would

1WP14191.21

be subject to the following conditions :

a. The law laid down by the Hon'ble Apex Court in Chairman and

Managing Director, Food Corporation of India and others Vs. Jagdish

Balaram Bahira and others or any other judgment if delivered in future

which takes away all the benefits of a candidate including educational /

service benefits that, he may have earned on the basis of a reservation

in the event of quashing of his validity claim, will apply to his case.

b. We make it abundantly clear that, this order does not prevent the

scrutiny committee for proceeding against Sunil Ramchandra Pawar in

accordance with law and it is further needless to clarify that, in the

event Sunil's claim is invalidated, all the consequences shall apply to

the petitioner as well.

c. This order has been passed keeping in view the peculiar case of

urgency shown by the petitioner having regard to his NEET-UG-2021

examination.

d.      Rule is accordingly made absolute.




( S. G. MEHARE, J. )                                   ( A.S. GADKARI, J. )
SPC