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2022 Supreme(Bom) 1597

RAVINDRA V. GHUGE, SANJAY A. DESHMUKH
Pragati d/o Prabhu Shinde – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. V.D. Sapkal, Mr. S.N. Zakade, advocate
For the Respondent: Mr. P.S. Patil, Adv

JUDGMENT :

Ravindra V. Ghuge, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. On 29.11.2022, we had considered the submissions of the learned advocate, Shri Zakade, on behalf of the petitioner and had passed the following order:-

    “1. The petitioner’s claim of belonging to the ‘Mahar’ Schedule Caste Category has been invalidated by the impugned judgment.

2. We find peculiar facts involved in this case as under:

(a) The petitioner’s mother is born and brought up in Nanded. She got married to Prabhu Sharannappa Shinde, a resident of Bidar.

(b) Within two years of the marriage, it is alleged that the father of the petitioner separated from her mother by travelling to Saudi Arabia and returned to settle down in Bidar along with another woman.

(c) Marital litigation between the parties is pending before the Courts at Nanded.

(d) The mother of the petitioner started living with her parents within two years of the marriage.

(e) The petitioner was born and brought up in Nanded.

3. The issue raised is as to whether the petitioner can seek a validity certificate of belonging to the ‘Mahar’ Schedule Caste Category and draw advantages of reservation in the St

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