LAWS(BOM)-2019-4-348

TARUN SUSHIL THAWANI Vs. STATE OF MAHARASHTRA

Decided On April 02, 2019
Tarun Sushil Thawani Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule made returnable forthwith.

(2.) The petitioner was admitted in the Engineering Course in the Respondent No. 3 College in the seat reserved for "Other Backward Class" category, as the petitioner claimed that he belongs to 'Khatri' caste, which is included in the list of "Other Backward Class" categories at Sr. No. 126. The claim of the petitioner was forwarded to the Scrutiny Committee for verification and issuance of validity certificate. By the impugned order dtd. 31/3/2017, the claim of the petitioner has been invalidated on the ground that certain entries are found showing the caste of the blood relatives as "Kshatri" entered in the year 1965 in the School record.

(3.) It is not disputed that one Jaikishan Gopichand Thawani, a cousin of the petitioner, was granted validity certificate on 13/12/2012 for "Khatri - OBC category". Similarly, on 16/6/2018, the real sister of the petitioner Aishwarya Sushilkumar Thawani has been granted validity certificate for "Khatri - OBC category". It is not in dispute that "Kshatri" is not a caste and it is only "Khatri", which is the caste included in the "Other Backward Class" category.