BHARATI BHALCHANDRA SHIRKAR vs STATE OF MAHARASHTRA AND ORS.

Judgment text excerpt

LSP 1 906 wp 1072.10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 1072 of 2010 Bharati Bhalchandra Shirkar … Petitioner V/s. State of Maharashtra and others … Respondents. Mr. R.K.Mendadkar a/w. Priyanka Shaw, Jayshree Mendadkar, Siddhant Sawai, Jagdish Kawale, Prajakta Pashtre Advocate for the Petitioner. Mr. N.C.Walimbe, Addl. G.P. a/w. Mrs. V.S.Nimbalkar, AGP for the Respondents-State. CORAM : M.S. KARNIK & S.M. MODAK, JJ. DATE : 14th January 2026. Oral Judgment (Per M.S. Karnik, J) : . Heard learned counsel for the Petitioner. Learned AGP Digitally signed by opposed the petition. LATA LATA SUNIL SUNIL PANJWANI PANJWANI Date: 2026.01.21 12:12:38 +0530 2. Brief background of the matter is as follows: The rejection of the caste claim of the Petitioner by the Caste Scrutiny Committee was challenged by the Petitioner by filing a Writ Petition before this Court, which came to be dismissed. Aggrieved by the said order, the Petitioner preferred an Appeal before the Hon’ble Supreme Court. Vide order dated 12th December 2025, the Hon’ble Supreme Court LSP 2 906 wp 1072.10.doc partly allowed the Appeal, set aside the order passed by this Court, and remanded the matter for fresh consideration. The relevant paragraphs from the order dated 12th December 2025 are reproduced hereinbelow for ready reference. “1. The applications for substitution are allowed after condoning the delay and setting aside abatement, if any, subject to all just exceptions. Applications for intervention/impleadment are also allowed, subject to all just exceptions. 2. The issue that falls for consideration in these cases is whether the appellants or other similarly placed persons, who claim themselves belonging to ‘Thakur’ Scheduled Tribe, are entitled to clai