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MANGESH S. PATIL, SHAILESH P. BRAHME
Sneha D/o. Babasaheb Rudre – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SHAILESH P. BRAHME, J.
1. Rule. Rule is made returnable forthwith with the consent of the parties. Heard respective counsel of the parties.
2. The petitioner is assailing invalidation of her caste claim vide judgment and order dated 31.07.2023, passed by the Scrutiny Committee. The petitioner is relying on the order passed by High Court on 17.12.2020, in Writ Petition No. 8164 of 2020, in the matter of Asmita Babasaheb Rudre Versus State of Maharashtra. On the ground of parity, the petitioner claims the validity certificate.
3. Learned AGP supports impugned judgment and order. According to him, the Scrutiny Committee has rightly rejected the caste claim considering the contrary entries and manipulation of the school record of the relatives of the petitioner. The affinity test was recorded against the petitioner. He would point out that the validity certificates are not reliable because those were obtained by suppression of material facts.
4. The petitioner has placed on record genealogy which is on page no. 16. Petitioner’s father was issued validity certificate. Similarly, petitioner's real sister Asmita was also issued with the validity certificate. The caste validity claim
The court established that validity certificates issued to relatives, supported by due process and prior judicial decisions, must be respected, and that discriminatory practices by the Scrutiny Commi....
Scrutiny committee must issue validity certificate to petitioner if paternal blood relative holds one post-vigilance inquiry, despite failed affinity test or show cause notices to relative; liberty t....
Caste validity certificates for Scheduled Tribes must consider familial ties; invalidation of relatives' certificates affects related claims.
Scrutiny Committee must decide validity of caste certificates by speaking orders.
Point of Law : Once there is evidence of relatives having valid caste validity certificates of Thakur Scheduled Tribe, the Scrutiny Committee is bound to grant certificate to Petitioner’s claim and c....
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