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2015 Supreme(Bom) 1491

ANOOP V.MOHTA, K.R.SHRIRAM
Pramodkumar Narendrakumar Wagh – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: R.K. Mendadkar, Helen Kolimandlik and Chintamani Bhangoji, Advs.
For Respondents/Defendant: C.P. Yadav, AGP

JUDGMENT

Anoop V. Mohta, J.

1. Rule returnable forthwith. Heard finally by consent of parties. The petitioners have challenged the impugned order passed by the Scrutiny Committee on 1.8.2014 whereby their caste claim validity certificates i.e., being belonged to Thakar has been rejected by overlooking the certificates granted to the paternal Uncle and cousin though certificates have a foundation of orders passed in favour of Uncle as well as cousin in Writ Petition No. 4525 of 1998 and in Writ Petition No. 7271 of 2009.

2. The authority thereby has overlooked the concept of "paternal relatives as defined in Rule and also the judgment passed by this court in Writ Petition No. 7271 of 2009 dated 24.2.2010 (Coram: A.M. Khanwilkar & S.S. Shinde, JJ) which ultimately even confirmed in the Supreme Court.

3. The Hon'ble Supreme Court in Amruta Vijay More Vs. State of Maharashtra & Ors. in Civil Appeal No. 7230 of 2011 arising out of SLP (c) No. 29364 of 2010 observed as under:-

"......In the instant case, Caste Screening Committee had clearly found father, paternal uncle, brother and paternal cousins of the appellant to belong to Thakur, Scheduled Tribe. Subsequent decision of the screening co












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