Maroti S/O Vyankati Gaikwad And ... vs Dy. Director And Member ...
2022 Latest Caselaw 122 Bom

                                                                                         1                                                       W.P.No.12.2022

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

                                                  WRIT PETITION NO. 12 OF 2022

                     Maroti S/o Vyankati Gaikwad and Ors.,
                                      ..VS..
 Deputy Director & Member-Secretary, The Scheduled Tribe Caste Cetificate Scrutiny
                        Committee, Amravati and Ors.,
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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                               Shri Ananta Ramteke, Advocate for petitioners.
                                               Smt. S. S. Jachak, A.G.P. for respondent No.1.


                                                             CORAM : SUNIL B. SHUKRE AND
                                                                     ANIL L. PANSARE, JJ.

DATED : 04.01.2022

1. Heard.

2. The contention is that the oldest entry of the grandfather of the petitioners is in the name of "Mana" and therefore, the Scrutiny Committee ought not to have rejected only because some entries in subsequent years indicated caste of the grandfather of the petitioners as "Kunbi".

3. It is submitted by learned counsel for the petitioners that the word "Kunbi" is rather conclusive and it is not uncommon to identify this word with the land cultivator community and, therefore, whenever a person shows his caste as "Kunbi", it is likely that he is only indicating his occupation and not the caste. Reliance has been placed upon the judgment of the Co-ordinate Bench

of this Court dated 30.08.2018 delivered in Writ Petition No.5481 of 2018.

3. Issue notice for final disposal at admission stage to the respondents, returnable after two weeks.

4. Smt. S. S. Jachak, learned A.G.P. waives service of notice for respondent No.1.

5. Meanwhile, we direct that there shall be status-quo in relation to the service of the petitioner No.3, until further orders.

                                    JUDGE                    JUDGE




          Kirtak




Digitally Signed By:KIRTAK
BHIMRAO JANARDHAN
Signing Date:04.01.2022
17:47