LAWS(BOM)-2023-7-394

AAKANKSHA Vs. STATE OF MAHARASHTRA

Decided On July 05, 2023
Aakanksha Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard the learned Advocates for the parties and with their consent the petition is taken up for final hearing.

(2.) The petitioner is challenging the Judgment and order dtd. 24/03/2022, passed by the respondent No.2 Scrutiny Committee, invalidating claim of Mannervarlu. She has placed on record the caste validity certificates of her close relatives, Judgment and order passed in Writ Petition No.2225 of 1993 in case of Arti d/o Vyankatrao Malshetwar Vs. The State of Maharashtra, decided on 18/08/1993, the affidavits and the genealogy.

(3.) The Scrutiny Committee non-suited the petitioner on the ground that there were contra entries in the vigilance inquiry the relatives were found to be belonging to 'Munnarwar', the school/ revenue record was not consistent with the claim, the place of residence of the petitioner and her forefathers was not compatible with her claim, and that affinity test was against her. The Scrutiny Committee discarded the validity certificates of the close relatives on the ground that those were obtained by suppressing material facts, were issued without following due procedure of law, the relationship was in dispute and the contra entries were not disclosed while seeking validation of their certificates.