2016(7) ALL MR 291
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANOOP V. MOHTA AND F. M. REIS, JJ.
Kumari Rutuja Sunil Gote Vs. State of Maharashtra & Ors.
Writ Petition No.7849 of 2014
17th September, 2014.
Petitioner Counsel: Mr. J.G. ARADWAD
Respondent Counsel: Smt. S.S. BHENDE
Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act (2000), S.6 - Invalidation of caste certificate - On ground that as per existing provisions petitioner has failed to prove that she belongs to 'Lingayat Wani' (OBC) - Govt. circular dt.4.9.2014 produced on record whereby amendment made to OBC list and where at serial no.190 "Lingayat Wani" has been introduced - Same goes to the root of the matter and supports case of petitioner - Matter remanded back for reconsideration. (Paras 3, 4)
JUDGMENT
ANOOP V. MOHTA, J. :- Rule, returnable forthwith. Heard finally by consent of the parties.
2. The Petitioner has challenged the order dated 31.12.2013 passed by the Caste Scrutiny Committee invalidating caste certificate on the ground that as per then existing provisions the Petitioner has failed to prove that she belongs to "Lingayat Wani (OBC)".
3. The learned Counsel appearing for the Petitioner has placed on record the Government Circular dated 4.9.2014 whereby the amendment made to the O.B.C. list in State of Maharashtra and where at serial no.190 "Lingayat Wani" has been introduced as caste for all the benefits as Other Backward Class (OBC) candidate. Therefore by keeping all points open on the the sole ground as it goes to the root of the matter and that support the case of the Petitioner that she belongs to Lingayat Wani and entitled for all privilege and benefits in accordance with law, the impugned order dated 31.12.2013 passed by the Caste Scrutiny Committee is quashed and set aside. The matter is remanded back for reconsideration based upon the Government Circular dated 4.9.2014 referring to Lingayat Wani at serial no.190 in the list annexed thereto.
4. The Respondents to consider the case of the Petitioner in accordance with law by giving opportunity to all the concerned. The Petitioner based upon the caste certificate "Wani" pursuing her study since 2012. The Petitioner's admission based upon the caste certificate is protected till final decision by the Scrutiny Committee and four weeks thereafter, if order is adversed to the Petitioner.