Pooja Dnyaneshwar Pardeshi v. The State of Maharashtra
WP/490/2025 · 2025-01-17
Shri Mangesh S Patil, Shri Prafulla S Khubalkar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5692 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5692 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
947.WP.490.25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.490 OF 2025 POOJA DNYANESHWAR PARDESHI VERSUS
1. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY FOR TRIBAL DEVELOPMENT DEPARTMENT MANTRALAYA, MUMBAI – 32
2. DISTRICT CASTE CERTIFICATE SCRUTINY COMMITTEE, AHILYANAGAR
3. SUB DIVISIONAL OFFICER SHRIGONDA PARNER, DIST. AHILYA NAGAR
4. DR. VITHALRAO VIKHE PATIL FOUNDATION’S COLLEGE OF NURSING (GNM), VILLAD GHAT, PO. MIDC, AHILYA NAGAR, THR. ITS PRINCIPAL ... Advocate for the Petitioner : Mr. Parag V. Barde AGP for Respondents/State : Mr. M.K. Goyanka ... CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ. DATE : 17.01.2025 PER COURT: Heard both the sides. 2. The petitioner is challenging the order of respondent - Scrutiny Committee refusing to validate her ‘Beldar’ scheduled caste certificate. 3. The learned advocate for the petitioner submits that the committee has not extended the benefit of the validities in the blood relationship on the ground that there was no evidence to demonstrate that she was related to these validity holders. He tenders across the bar copies of the affidavits sworn in by validity holders Vaishnavi Tukaram Pardeshi, Haribhau Parasram Pardeshi, Santhosh Gorakh 1/2 2025:BHC-AUG:1351-DB
947.WP.490.25.odt Pardeshi and Ganesh Bandu Pardeshi. He would from the genealogy placed on the record demonstrate as to how these validity holders are related to the petitioner. 4. Since it is a matter of social status and the Committee has refused to extend the benefit of the validities, now that the validity holders have come forward and have filed affidavits in petitioner’s support demonstrating the relationship, in our considered view, the request of the learned advocate for the petitioner on her behalf for remanding the matter to enable her to file all these affidavits before the Committee and substantiate her claim is rather innocuous. 5. The writ petition is allowed partly. 6. The impugned order is quashed and set aside. 7. The matter is remitted back to the scrutiny committee for fresh adjudication, if necessary, by resorting to a further vigilance inquiry. The petitioner is permitted to file affidavits of the validity holders and in any other document in support of her caste claim and the Committee shall permit her to do so and decide the matter afresh, as expeditiously as possible and in any case within six months. 8. Petitioner shall appear before the Committee on
24.01.2025.
(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) habeeb/ 2/2