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2022 Supreme(Bom) 847

URMILA JOSHI PHALKE, A.S.CHANDURKAR
Ku. Priyanka d/o Nagesh Erla – Appellant
Versus
District Caste Certificate Scrutiny Committee, Chandrapur, through its Chairman – Respondent


Advocates Appeared:
For the Petitioner: Shri S. R. Narnavare.
For the Respondent: Ms. N. P. Mehta, Shri J. B. Kasat.

JUDGMENT :

A.S. Chandurkar, J.

1. Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

2. The petitioner claims to belong to ‘Madiga’ Scheduled Caste. The petitioner has taken admission in the Bachelor of Technology (B.Tech.) course being conducted at the respondent No.2-University. With a view to pursue higher education, the petitioner sought verification of her caste claim based on the caste certificate dated 05.01.2014. The Scrutiny Committee by its order dated 29.07.2019 has held that the said caste certificate issued in favour of the petitioner was in contravention to Rules 5 (1), (2) and 14 of the Maharashtra Scheduled Castes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance of Verification of) Caste Certificate Rules, 2012 (for short, the Rules of 2012). The Scrutiny Committee therefore declared the caste certificate as invalid and proceeded to cancel the same. The benefits derived pursuant to the said caste certificate were directed to be withdrawn. Being aggrieved, the petitioner has challenged the aforesaid order.

3. Shri S.R.Narnavare, learned counsel for the petit

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