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2007 Supreme(Bom) 1735

SWATANTER KUMAR, D.Y.CHANDRACHUD
Priyanka Omprakash Panwar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appellant
Mr. R. K. Mendadkar for the Petitioner.
Mr. N.P. Pandit, AGP for the State.
Mr. R.V. Govilkar for Respondent No.4.

JUDGMENT (PER DR. D.Y. CHANDRACHUD, J.): The Petitioner appeared for the Common Entrance Test conducted by the State Government for admission to Medical Colleges in the State in May 2002 and sought admission to the M.B.B.S. Degree Course on the basis of a claim to belong to the Khatik Community which is notified as a Scheduled Caste in the State of Maharashtra. On 24th June 2002. the Petitioner was granted admission to the Mahatma Gandhi Mission Medical College at Navi Mumbai on a reserved seat on the basis of a Caste Certificate granted by the Deputy Collector, Thane. The Caste Certificate was forwarded to the Divisional Caste Certificate Scrutiny Committee, Konkan Division, Mumbai for verification. By an order dated 27th February 2004, the claim of the Petitioner to belong to the Khatik Community was invalidated. The decision of the Scrutiny Committee was challenged by the Petitioner in a petition under Article 226 of the Constitution. By an order dated 7th March 2005, a Division Bench of this Court confirmed the order of the Scrutiny Committee, invalidating the claim of the Petitioner to belong to the Khatik Community. Counsel appearing for the Petitioner submi















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