Disposed

Sarvesh Satyavan Jathar v. State of Maharashtra and Ors.

Bombay HC21 Oct 2008WP/6387/2008

Case brief

AI extract

What is this about?

This Court disposed of a writ petition challenging the rejection of a Caste Certificate. Noting a subsequent Government Resolution including Vani Community in OBC and the applicant's belonging to that community per previous findings, the Court held the petitioner entitled to the certificate without remanding the matter.

What did the court decide?

The Writ Petition is disposed of holding the petitioner is entitled to a Caste Certificate of validity as OBC Vani.

Sarvesh Satyavan Jathar Vs State of… — Constitutional and Fundamental Rights | Bombay HC (2008)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 6387 OF 2008

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DIST.: SINDHUDURG

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Sarvesh Satyavan Jakhar ...Petitioner

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Versus

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State of Maharashtra & Ors.

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...Respondents.

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Mr. C.K. Bhangoji i/by Mr. R.K. Mendadkar for the Petitioner

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Mr. A.L. Patki, Special Counsel, for the State.

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CORAM : B ILAL NAZKI and J.H. BHATIA, JJ. DATE : OCTOBER 21, 2008

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P.C. :-

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The Writ Petition has been filed against the order of respondent No. 2, declining to certify the Caste Certificate of the petitioner, who claims that he belongs to Vaishyavani Community. However, respondent No. 2 came to the conclusion that the petitioner did not belong to Vaishyavani Community, but belonged to Vani Community. We are told that during the pendency of these proceedings,

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subsequent to the order passed by respondent No. 2, the Government has issued a G.R. on 25^th June, 2008 including Vani Community also in O.B.C. Therefore, we feel that the petitioner is now entitled to a Caste Certificate that he belongs to Vani O.B.C.

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The learned Special Counsel for the Government submitted that in view of the Government Resolution, the Court may remand the matter back to respondent No. 2, but we feel that this will be unnecessary, and will waste further time of the petitioner, because respondent No. 2, while rejecting the application of the petitioner that he does not belong to Vaishyavani Community, had declared that he belongs to Vani Community, and it had held as follows:-

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“ From the death certificate dated 1-11-1954 showing caste entry as Vani issued by Tahsildar, Deogad in respect of Govind Babala Jathar and the certificate of his cousin grandfather Govind Babala Jathar as per genealogy submitted by the applicant (present petitioner), the caste of the applicant as Vaishyvani is not proved. But is proved as Vani. Caste Vani is not included in the list of OBC in Maharashtra. Therefore application of the student Sarvesh Jathar has been disposed of by taking following decision by the committee in its meeting held on 19-6-2008. ... ”

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Since respondent No. 2 has already given a finding that the petitioner belongs to Vani Community, therefore, we hold that the petitioner is entitled to claim a certificate of validity as O.B.C. Vani.

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With this observation, this Writ Petition is disposed of.

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BILAL NAZKI, J.

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J.H. BHATIA, J.

Sarvesh Satyavan Jathar v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Sarvesh Satyavan Jathar v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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