Santosh v. The State of Maharashtra & Ors.
Case at a glance
Outcome
Disposed of
With these observations, Writ Petition is disposed of
Judgment
Mr. Sushant C. Yeramwar, for the Petitioner. Mr. M. M. Pable, AGP for Respondent No.1-State. Mrs. Anjali R. Shiledar Baxi, for Respondent No.3. SMITA RAJNIKANT JOSHI Digitally signed by SMITA RAJNIKANT JOSHI 16:58:25 +0530 P.C:- CORAM: S.V. GANGAPURWALA, ACJ & S.G.CHAPALGAONKAR,J. DATED : 20th DECEMBER, 2022. Rule. Rule made returnable forthwith. By consent of the parties, the matter is taken up. 2 Amongst the other contentions, one of the contention of the learned Counsel for the Petitioner is that, the caste validity certificate issued to the cousin brother of the Petitioner, namely – Nitin R. Ghogale, is not considered by the Committee though the same was on record. Learned Counsel further submits that the Petitioner could lays his hands on the extract of the birth Registrar of the grand-father of the Petitioner. The same is of the year 1955. In the said birth extract, the, the caste of the Petitioner’s grand-father is mentioned as ‘Thakar’. According to the learned Counsel for the Petitioner, the same is oldest document. 3 4 S.R.JOSHI We have heard learned AGP also. It appears that Committee has not discussed about validity 1 of 2 certificate issued in favour of the cousin brother - Nitin Ghogale. The Petitioner has placed on record the photo copy of the birth extract in the name of one Shankar Kashinath Ghogale to demonstrate that the caste is mentioned as ‘Thakar’. The Petitioner will have to produce certified copy before the Committee. 5 Considering the fact that the social status of the Petitioner is involved, we are inclined to give one more opportunity to the Petitioner. 6 In the result, we pass the following order:- (i) The impugned judgment and order dated 11th February, 2021 is quashed and set aside; (ii) Parties are relegated before the Committee; (iii) The Petitioner shall appear before the Committee on 5th January,
Operative part
2023. Petitioner may place on record the certified copy of the birth extract, which according to the Petitioner, is in the name of the grand-father of the Petitioner. If the certified copy of the birth extract is relied by the Petitioner, is placed on record, then the Committee may direct Vigilance to be conducted in respect of the same and after obtaining the vigilance report, shall decide the matter afresh in accordance with law. 7 8 With these observations, Writ Petition is disposed of. It is made clear that, the Petitioner will not seek further benefit of reservation until the Petitioner produced the validity certificate. 9 Writ Petition Disposed of. No costs. (S.G.CHAPALGAONKAR,J.) (ACTING CHIEF JUSTICE) S.R.JOSHI 2 of 2
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With these observations, Writ Petition is disposed of
Which court decided this case, and when?
Bombay High Court, on 20 Dec 2022. The bench was S G CHAPALGAONKAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.