Mohnish S/O Sandip Shevde Vs State of Maharashtra through Dep. of Social Justice and Empowerment, Mumbai Nad Others — Bombay HC (2025) — LawSathi Research

Mohnish S/O Sandip Shevde Vs State of Maharashtra through Dep. of Social Justice and Empowerment, Mumbai Nad Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 27.12.2020 rejecting the caste validity claim quashed and set aside; petitioner permitted to appear before the respondent-Committee on 08.05.2025 with written submissions and affidavit; Committee to endeavour to decide the claim within six months of appearance; civil applications for removal of office objections and amendment allowed, amendment within one week, failing which the petition stands dismissed.

Issue for consideration

Whether the petitioner is entitled to issuance of a validity certificate as belonging to Scheduled Caste in view of the validity granted to his younger brother on 26.06.2023. +1 more

Court's answer

As the blood relation of the petitioner holds a validity, the Court deemed it appropriate to quash and set aside the impugned order dated 27.12.2020 rejecting the claim for issuance of validity as belonging to Scheduled Caste.

Ratio / Principle

The civil applications for removal of office objections and for amendment were allowed and disposed of for the reasons stated in the applications.

Key takeaways

If the amendment is not carried out within the stipulated period, the petition shall stand dismissed without further reference to the Court.ratio¶18
The petitioner is permitted to appear before the respondent-Committee on 08.05.2025 along with written submissions and affidavit in respect of the claim for grant of validity.ratio¶26
The Committee shall make every endeavour to decide the claim of the petitioner within a period of six months from the date of the petitioner's appearance before it.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Nagpur Bench (Nitin W. Sambre and Mrs. Vrushali V. Joshi, JJ.), decided 23.04.2025 — Writ Petition No. 6153 of 2019 with Civil Applications (CAW) Nos. 669/2021 and 866/2025: Caste Validity Certificate — Scheduled Caste claim. The petitioner challenged the order dated 27.12.2020 rejecting his claim for issuance of validity as belonging to Scheduled Caste. On the petitioner's contention that his younger brother had been granted validity on 26.06.2023, and since the blood relation of the petitioner holds a validity, the Court quashed and set aside the impugned order. The petitioner was permitted to appear before the respondent-Committee on 08.05.2025 with written submissions and affidavit, and the Committee was directed to make every endeavour to decide the claim within six months from the date of appearance. The petition stands partly allowed. The civil applications seeking removal of office objections and amendment were allowed and disposed of, with the amendment to be carried out within one week, failing which the petition stands dismissed without further reference to the Court; Civil Application (W) No.974 was rendered infructuous and disposed of as such.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CIVIL APPLICATION (CAW) NO. 669/2021 and 866/2025 IN

WRIT PETITION NO. 6153 OF 2019

Mohnish S/o Sandip Shevde

Vs.

State of Maharashtra, Thru. Department of Social Justice and Empowerment, Mantralaya, Mumbai and Ors.

Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's Orders.

Mr. K.K. Gour, Advocate for petitioner. Ms. S.S. Jachak, Addl. G.P. for respondent Nos.1 to 3.

CORAM : NITIN W. SAMBRE AND

MRS. VRUSHALI V. JOSHI, JJ.

DATE : 23.04.2025.

Heard.

This is an application for grant of permission to remove office objections and to amend the petition.

For the reasons stated in the applications, the same are allowed and disposed of.

Amendment to be carried out within a period of one week from today.

If the amendment is not carried out within the stipulated period, the petition shall stand dismissed without further reference to the Court. In

Prity

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case, if the amendment is carried out, the copy of the order be made available to the petitioner as the order passed by this Court below shall take effect only after the amendment is carried out.

In view of the aforesaid order, Civil Application (W) No.974 is rendered infructuous. It is disposed of as such.

WRIT PETITION NO. 6153 OF 2019

It is the contention of the petitioner that the younger brother is granted validity on 26.06.2023 as that of belonging to Scheduled Caste.

In view of the aforesaid submissions, a true copy of certificate of validity is placed on record. As the blood relation of the petitioner holds a validity, we deem it appropriate to quash and set aside the impugned order dated 27.12.2020 thereby rejecting the claim for issuance of validity as that of belonging to Scheduled Caste.

The petitioner is permitted to appear before the respondent – Committee on 08.05.2025 along with the written submissions and affidavit in respect of the claim for grant of validity.

Prity

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The Committee shall make every endeavour to decide the claim of the petitioner in any case within a period six months from the date of appearance of the petitioner before it.

The petition, accordingly, stands partly allowed.

(Mrs. Vrushali V. Joshi, J.)

(Nitin W. Sambre, J.)

Prity