Rohan Nandkumar Nashikkar vs State Of Maharashtra Thru ...
2023 Latest Caselaw 5725 Bom

                                                       912-ASWP-7120-2023.DOC




                                                                              Amol



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
                    WRIT PETITION NO. 7120 OF 2023


 Rohan Nandkumar Nashikar                                           ...Petitioner
       Versus
 State of Maharashtra Through Secretary, Tribal                 ...Respondents
 Development Dept & Ors


 Mr RK Mendadkar, for the Petitioner.
 Mr VM Mali, AGP, for the Respondent-State.


                               CORAM     G.S. Patel &
                                         Neela Gokhale, JJ.

                               DATED:    16th June 2023
 PC:-

1. The Petitioner claims that he is entitled to follow and be included in the caste of his mother even though his father does not belong to a Scheduled Caste, Scheduled Tribe or other reserved category. Reliance is placed on the decision of the Supreme Court in Rameshbhai Dabhai Naika vs State of Gujarat & Ors.1 This decision will have to be considered and the learned AGP seeks time on the basis that there are several judgments of the Supreme Court and of various High Courts even after Rameshbhai's case that have dealt with this question. An Affidavit in Reply is permitted to be filed by 3rd July 2023.

 1       (2012) 3 SCC 400.




                                   16th June 2023



                                                    912-ASWP-7120-2023.DOC

2. List the matter on 12th July 2023 at 2:30 pm. Both sides are put to notice that we will endeavour to dispose of the petition finally on that date.

3. Given the nature of the controversy we would appreciate it if both sides submitted advance compilations of authority and propositions of law, preferably in soft copy at least two days in advance.

 (Neela Gokhale, J)                                       (G. S. Patel, J)





                               16th June 2023