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2021 Supreme(Bom) 21

R.D.DHANUKA, MADHAV JAMDAR
Shubham S. Suryawanshi – Appellant
Versus
State of Maharashtra Through Secretary, Tribal Development Department Mantralaya, Mumbai – Respondent


Advocate Appeared:
For the Petitioner:A.S. Golegaonkar a/w Madhur Golegaonkar, Advocates.
For the Respondents: K.S. Thorat, AGP.

JUDGMENT :

R.D. DHANUKA, J.

1. Rule. Mr.K.S. Thorat, AGP for the respondent nos.1 to 3 and 6 waives service. Rest of the respondents are served. Rule is made returnable forthwith. By consent of parties petition is heard finally.

2. By this petition filed under Article 226 of the Constitution of India, the petitioner has impugned the order dated 5th July 2019 passed by the Scheduled Tribe Certificate Scrutiny Committee thereby invalidating the caste claim of the petitioner. (Hereinafter referred to as the Scrutiny Committee). The petitioner also seeks declaration that he belongs to Thakur Scheduled Tribe and a direction against the Scrutiny Committee to issue validity certificate in favour of the petitioner. In prayer clause (c), the petitioner seeks an order and direction against the respondent nos.4 to 6 to consider the claim of the petitioner for admission to MBBS and allied course/s from Scheduled Tribe category, on the basis of marks in NEET-2019 and allow the petitioner to pursue the studies of such course. Some of the relevant facts for the purpose of deciding this petition are as under:-

3. It is the case of the petitioner that the petitioner belongs to Thakur, Scheduled Tribe.

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