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2017 Supreme(Bom) 247

B.P.DHARMADHIKARI, SWAPNA JOSHI
Sk. Hamid Sk. Hanif – Appellant
Versus
Divisional Caste Scrutiny Committee, Amravati Division – Respondent


Advocates Appeared:
For the Petitioners: Mr. Anil Mardikar with Shri M.A. Vaishnav.
For the Respondents: Mrs. K.S. Joshi, Mr. N.A. Gawande and Mr. J.B. Kasat.

JUDGMENT :

B.P. DHARMADHIKARI, J.

1. By this petition filed under Articles 226 and 227 of the Constitution of India, petitioner questions the order dated 21.10.2016 passed by the Caste Scrutiny Committee, invalidating the caste certificate dated 20.01.2012 and rejecting his claim towards Lohar “V.J. (B).” When hearing of this matter was going on, Writ Petition Nos. 538 and 2009 of 2016 also expedited by the Hon'ble Supreme Court, came to our notice and were required to be heard. Contentions raised therein also had bearing on findings to be recorded here and hence, we thought it proper to have the benefit of hearing another Senior Advocate and other team of Advocates before proceedings to deliver this judgment. We mention that our findings on scheme of Rule 17 of 2012 Rules below are mostly due to assistance we got in all these matters. Hearing in Writ Petition No. 538/2016 commenced on 30.1.2017 and it has been closed for judgment on 10.02.2017.

2. Petitioner was earlier given validity by the Scrutiny Committee on 20.01.2012 vide Certificate No. 1886. Respondent no. 2 in the present matter sought cancellation of that validity, but, respondent no. 1 Committee rejected that application































































































































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