Partly allowed

Neha Nandkumar Govindwar v. the State of Maharashtra and Others

Bombay HC12 Jan 2021WP/355/2021

Case brief

AI extract

What is this about?

The court invalidated the petitioner's initial tribe claim but directed the committee to issue an immediate conditional validity certificate for 'Mannervarlu', Scheduled Tribe status, subject to the outcome of pending proceedings regarding her father's related validity certificate.

What did the court decide?

Direction to the committee to issue the validity certificate immediately, subject to the outcome of pending proceedings against the petitioner's father.

Neha Nandkumar Govindwar Vs the State of… — Pension and Retirement Benefits | Bombay HC (2021)

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(1)

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937-wp-355-2021

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 937 WRIT PETITION NO.355 OF 2021

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NEHA NANDKUMAR GOVINDWAR ..PETITIONER

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS..RESPONDENTS

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Mr. Chandrakant R. Thorat, Advocate for the
Petitioner.

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Mrs. V. S. Chaudhari, AGP for Respondents-State.

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 CORAM : S. V. GANGAPURWALA &
 SHRIKANT D. KULKARNI, JJ.

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 DATED : 12th JANUARY, 2021.

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PER COURT:-

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1.The tribe claim of the petitioner as
belonging to “Mannervarlu”, Scheduled Tribe is
invalidated.

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2.Amongst various submissions one of the
submission made by Mr. Thorat, learned counsel for
the petitioner is that real cousin sister of the
petitioner namely Vaishnavi D/o Venkat Govindwar
had also applied for the issuance of the validity
certificate of “Mannervarlu”, Scheduled Tribe. The
same was invalidated. Ku. Vaishnavi preferred Writ
Petition bearing Writ Petition No.9226/2019 before
this Court at it’s Principal Seat at Bombay. The
Division Bench at Principal Seat allowed the writ
petition filed by the real cousin Vaishnavi and
directed the Committee to grant conditional
validity.

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(2) 937-wp-355-2021

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3.We have also heard learned A.G.P. for
respondents.

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4.The Division Bench at Principal Seat under
order dated August 21, 2019 in case of Vaishnavi in
Writ Petition No.9226/2019 observed as under:

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7.In the circumstances, in the light of
the judgment in the case of law laid down
in the cases of Apoorva Nichale, Anand vs.
Committee and Raju Ramsing Vasave (supra),
the petitioner is entitled to be granted
caste validity certificate forthwith.
However, the issuance of the certificate
shall be subject to the outcome of the
show cause notice which has been issued
against the father Venkat Govindrao
Govindwad of the Petitioner by the
Committee as the caste validity
certificate issued to the father Venkat
Govindrao Govindwad of the petitioner is
found to be based on interpolation /
adverse entries.

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5.In light of the above, we follow the same
course and pass the following order:

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ORDER

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A.The Committee shall issue the validity
certificate to the petitioner of
“Mannervarlu”,ScheduledTribe
immediately.

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(3) 937-wp-355-2021

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B.The said validity certificate shall be
subject to the decision that would be
taken by the Committee in the proceedings
reopened of the validity holders relied
by the petitioner.

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6.Writ Petition is disposed of. No

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costs.

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Devendra/January-2021

Neha Nandkumar Govindwar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Neha Nandkumar Govindwar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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