Quashed

Shri. Kumar Gorakhnath Shinde v. Smt. Aparna Atul Salagare and Ors.

Bombay HC7 Apr 2014WP/11291/2013

Case brief

AI extract

What is this about?

A writ petitioner challenged the validity of a Caste Validity Certificate granted without an enquiry. The Bombay High Court quashed the certificate, observing it was issued in violation of the Maharashtra Caste Certificate Act, 2000, and remitted the verification to the Scrutiny Committee.

What did the court decide?

The impugned Caste Validity Certificate dated 23rd September, 2011 is quashed and set aside. The matter is remitted to the Scrutiny Committee.

Shri. Kumar Gorakhnath Shinde Vs Smt. Aparna Atul… — Writ and Judicial Review | Bombay HC (2014)

wp-11291.13

pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.11291 OF 2013

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Shri. Kumar Gorakhnath Shinde ... Petitioner

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Vs.

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Smt. Aparna Atul Salagare and others

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... Respondents

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Mr. Balkrishna D. Joshi and Virendra Pethe, for the Petitioner. Mr. Abhay L. Patki, for the Respondent No.1. Mrs. M.P. Thakur, AGP, for Respondent Nos. 3 to 5.

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CORAM : A.S. OKA & A.A. SAYED, JJ. DATE : 7^th APRIL, 2014

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P.C.

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. Heard the learned counsel appearing for the Petitioner, the

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learned counsel appearing for the first Respondent and the learned AGP for the Respondent Nos.3 to 5. The challenge is to the Caste Validity Certificate dated 23^rd September, 2011 issued to the first Respondent.

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It is not in dispute that the Caste Validity Certificate has been granted to the first Respondent without holding any enquiry in accordance with the Maharashtra Scheduled Castes, Scheduled Tribes, DeNotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and

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Verification of) Caste Certificate Act, 2000 and the Rules framed thereunder. In view of this admitted position, the impugned Caste Validity Certificate will have to be set aside with a direction to the Caste Scrutiny Committee having jurisdiction to adjudicate upon the caste claim of the first Respondent.

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Hence, we pass the following order :

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ORDER

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(i) The impugned Caste Validity Certificate dated 23^rd September, 2011 is hereby quashed and set aside and the matter of verification of the caste of the first Respondent on the basis of Caste Certificate dated 28^th June, 2011 is remitted to the third Respondent Scrutiny Committee;

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(ii) We direct the first Respondent and the Petitioner to appear before the third Respondent Committee on 21^st April, 2014 at 11.00 am;

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(iii) The Caste Scrutiny Committee shall permit the parties to produce the documentary evidence on record. After making adjudication in accordance with law, the caste claim of the first Respondent shall be decided afresh as expeditiously as possible and in any event, on or before

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31^st August, 2014;

(iv) We make it clear that we have made no adjudication on the merits of the caste claim of the first Respondent and all contentions of the parties in that behalf are kept open;

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(v) Petition is disposed of on above terms;

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(vi) The parties to act upon authenticated copy of this order.

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(A.A. SAYED, J )

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(A.S.OKA, J )

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Shri. Kumar Gorakhnath Shinde v. Smt. Aparna Atul Salagare and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Kumar Gorakhnath Shinde v. Smt. Aparna Atul Salagare and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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