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2023 Supreme(Bom) 816

MANGESH S. PATIL, S. G. CHAPALGAONKAR
Rajmati – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
R. N. Dhorde, Advocate, V.R. Dhorde, Advocate, S.B. Yawalkar, Advocate, Sanjay Kumar Chavan, Advocate

JUDGMENT

Mangesh S. Patil, J. - The petitioner is impugning the order of the Caste Scrutiny Committee No. 2 Aurangabad Division, Latur (respondent No. 2) dated 06.11.2009 by which it has invalidated the caste certificate issued to her as 'Kunbi (OBC)' under the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (VimuktaJatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (hereinafter 'Act XXIII of 2001').

2. Learned senior advocate Mr. Dhorde would submit that the committee has discarded petitioner's claim in a slipshod manner and with a prejudiced approach. It has not assigned sound and cogent reasons for discarding the pre-independence documents substantiating her claim as 'Kunbi' but has readily accepted the ones produced by the respondent No. 3, who was questioning it. He would submit that ignoring the law laid down in the matter of Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee and others; 2010(6) Mh.L.J. 401 the scrutiny committee has illegally refused to rely upon the validity certificates issued in favour of her relatives. The old reco

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