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2016 Supreme(Bom) 1100

B.R.GAVAI, V.M.DESHPANDE
Sonal Prakash Bakade – Appellant
Versus
Joint Commissioner & Vice Chairman, Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.R. Narnaware
For the Respondent: Mrs. N. Mehta

JUDGMENT :

B.R. Gavai, J.

Rule. Rule returnable forthwith. Heard finally by consent of the parties.

2. The petitioner has approached this Court, being aggrieved by order dated 15-7-2005 thereby rejecting the claim of the petitioner of belonging to Halbi-Scheduled Tribe. The learned A.G.P. has raised a preliminary objection on the ground that the petitioner has approached after a period of 10 years and as such the petition is liable to be dismissed on the ground of delay and laches alone.

3. The petitioner has given an explanation stating therein that the petitioner being a meritorious candidate, after rejection of her claim she was pursuing her studies on her own merits. It is submitted that after completion of graduate and post graduate degree, the petitioner is now pursuing her Ph.D. in the faculty of Physics. It is submitted that the petitioner would now require the caste certificate/validity certificate for applying for the job.

4. We find that merely because for the last 10 years the petitioner has not challenged the order of the Scrutiny Committee, that cannot be a ground for closing down the doors of this Court to the petitioner. In any case, it is to be noted that this Court in















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