Bombay High Court
Rajesh Nimba Wagh vs Scheduled Tribe Certificate ... on 26 July, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.7669 OF 2016
Rajesh Nimba Wagh,
age: 33 years, Occ: service,
R/o Plot No.5, Dandekar Nagar,
At Post Pimprala, Tq. & District
Jalgaon. Petitioner
Versus
01 Scheduled Tribe Certificate
Scrutiny Committee, Nashik,
through its Member Secretary.
02 Scheduled Tribe Certificate
Scrutiny Committee, Nandurbar,
through its Member Secretary. Respondents
Mr.Mahesh S. Deshmukh, advocate for the petitioner.
Mr.P.S.Patil, A.G.P. for Respondents.
CORAM : R.M.BORDE &
K.L.WADANE, JJ.
DATE : 26th July, 2016
ORAL JUDGMENT (Per R.M.Borde, J.):
1 Rule. Rule made returnable forthwith and heard
finally by consent of learned Counsel for respective parties.
2 The petitioner claims to belong to "Thakur", Scheduled
Tribe category. The caste certificate issued in favour of the
petitioner was referred to Respondent Scrutiny committee for
verification. The Scrutiny Committee, on conducting inquiry, was
pleased to hold that claim of the petitioner for issuance of
validation certificate as valid and proper and as such directed
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issuance of validity certificate, however, subject to decision of the
High Court in the matter of Baburao Rajaram Shinde Vs. State of
Maharashtra and others, reported in 2002 (4) MH.L.J. 310, which
was pending at the relevant time before the High Court, Bench at
Aurangabad.
3 The validity certificate has been issued in favour of the
petitioner conditionally on account of pendency of writ petition,
wherein an identical issue, as in the case of petitioner, was a
matter of consideration before the High Court in Baburao Shinde's
case. It has been pointed out that the aforesaid writ petition has
been decided by the Division Bench of the High Court on
03.06.2002. The petition presented by Baburao Rajaram Shinde,
challenging the order of invalidation of his tribe certificate was
allowed and the decision of the Scrutiny Committee dated
29.05.1999 was quashed and set aside and the Scrutiny
Committee was directed to issue validity certificate in favour of the
petitioner therein. The decision rendered by the Division Bench
has attained finality since no further proceedings are taken up to
challenge decision of High Court.
4 In this view of the matter, the condition imposed by
Scrutiny Committee, while directing issuance of validity certificate
in favour of the petitioner, deserves to be quashed and set aside.
The Scrutiny Committee, as such, is directed to issue validity
certificate in favour of the petitioner certifying therein that the
petitioner belongs to "Thakur", Scheduled Tribe category, without
imposing any precondition. The condition imposed in the order
passed by the Scrutiny Committee, while directing issuance of
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validity certificate in favour of the petitioner, stand quashed and
set aside. The Scrutiny Committee is directed to issue validity
certificate, as expeditiously as possible, preferably within a period
of six weeks from today.
5 Rule is accordingly made absolute. There shall be no
order as to costs.
K.L.WADANE R.M.BORDE
JUDGE ig JUDGE
adb/wp766916
