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2009 Supreme(Bom) 518

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


Advocates appeared:
For the Petitioner:A.V. Chatuphale, Advocate.
For the Respondents: N.P. Pandit, AGP.

Judgment :-

Dr. D.Y. Chandrachud, J.


Review has been sought of the judgment delivered by this Court on 19th December 2007. A Special Leave Petition was filed before the Supreme Court in order to impugn the correctness of the judgment. On 3rd November 2008, the following order was passed by the Supreme Court : Learned Counsel for the Petitioner seeks permission to withdraw the petition as he would like to move the High Court. Permission is granted. The special leave petition is dismissed as withdrawn.”


2. The claim of the Petitioner to belong to the Khatik community, which is a Scheduled Caste, was invalidated by the Caste Scrutiny Committee. The decision of the Scrutiny Committee was impugned in a Writ Petition under Article 226 of the Constitution before this Court.1 The Petition was dismissed by the Division Bench on 7th March 2005 holding that there was no error of law apparent on the face of the record in so far as the finding of the Scrutiny Committee was concerned. However, in pursuance of the liberty granted by the Division Bench to the Petitioner to submit a representation to the State in so far as her admission to the medical course is concerned, the Petitioner submitted a















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