The High Court concluded that a Public Interest Litigation concerning a caste certificate can no longer be pursued as the underlying certificate had been invalidated by the scrutiny committee. The court disposed of the petition by withdrawing the notice.
Notice withdrawn; petition disposed of; proceedings terminated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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PIL 35/12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
2 PUBLIC INTEREST LITIGATION NO.35 OF 2012
SHAIKH SHAQUIR ABDULSATTAR SHAIKH
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Shri Kulkarni Mukul S.
GP for Respondent nos.1 to 3: Shri A.B. Girase
Advocate for Respondent nos.4 & 6 : Shri P.S. Patil
Senior Advocate for Respondent no.7 : Shri R.N. Dhorde
i/b Shri V.R. Dhorde h/f Shri V.S. Badakh
Respondent no.5 served.
CORAM: PRADEEP NANDRAJOG, CJ & R.G. AVACHAT, J.
DATE: 23.09.2019
PER COURT :
1] Having heard learned counsel for the parties it would be useless
to note the pleadings of the parties, for the reason in the public interest litigation, the writ petitioner questions the caste certificate relied upon by respondent No.7 which certificate was ultimately invalidated by the caste scrutiny committee and a challenge by respondent No.7 to the decision of the caste scrutiny committee succeeded against which a petition seeking
Special Leave to Appeal has been filed by the State.
PIL 35/12
2] Afore-noted briefly recorded facts compel us to terminate
proceedings in the instant petition seeking to espouse a cause in public interest.
3] The notice issued is withdrawn. The petition is disposed of.
(R.G. AVACHAT, J.) CHIEF JUSTICE
ndk/c239191.doc
3 issues framed by the court
Whether proceedings in this public interest litigation should be terminated given that the underlying caste certificate relied upon was invalidated.
The scope of the public interest litigation concerning the caste certificate challenge.
The disposal of the writ petition after the withdrawal of the notice.
Sheikh Shaquir Abdulsattar Sheikh
The State of Maharashtra
Pradeep Nandrajog
R.G. Avachat
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court