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2023 Supreme(Bom) 2178

PRITHVIRAJ K. CHAVAN, U. J. PHALKE
Parvi Ashish Chakravarti – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Naquid Z.Mirza, Advocate, M.K.Pathan, Advocate

JUDGMENT/ORDER

PRITHVIRAJ K.CHAVAN, J. - Rule. Learned Assistant Government Pleader waives service. Rule is taken up for hearing forthwith by consent of learned counsel for the parties.

2. The petitioner - Ku. Parvi Ashish Chakravarti has sought to invoke writ jurisdiction of this Court through her father (legal guardian) impugning an order dtd. 22/9/2022 passed by respondent no.2 invalidating her caste as "Mahar". The petition is filed through the guardian since, the petitioner - Parvi is aged about 17 years.

3. Briefly stated, facts of the petition are summarised as follows:

The petitioner has passed 12th examination in the current session and had also cleared State Common Entrance Test. She belongs to 'Mahar' community, which is recognized as 'Scheduled Caste' under the Constitution (Scheduled Castes) Order, 1950.

4. A proposal was forwarded to respondent no.2 on 7/10/2021 for deciding the caste claim of the petitioner. Several documents were annexed along with proposal by the petitioner in order to substantiate her claim as regards her caste 'Mahar' which is a Scheduled Caste, as per the Constitution, more particularly, prior to the year 1950.

5. The Vigilance Cell conducted an i

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