Rajesh Pundlikrao Bokade vs The Scheduled Tribes Caste ...
2017 Latest Caselaw 1954 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH : NAGPUR

                      WRIT PETITION NO.2402 of 2002



Rajesh s/o. Pundlikrao Bokade,
Aged about 22 years, Occ.
Student, r/o. Saramaspura,
Achalpur City, Tq. Achalpur,
Distt. Amravati.               ..             PETITIONER


                               .. Versus ..


1. The Scheduled Tribes Caste
   Certificates Scrutiny Committee,
   Irwin Chowk, Amravati, through
   its Member Secretary.

2. The State of Maharashtra,
   through its Secretary,
   Tribal Development Department,
   Mantralaya, Mumbai - 32.

3. The Dean,
   Government Medical College,
   Nagpur, District Nagpur.

4. The Nagpur University,
   Nagpur, through its Registrar,
   Nagpur.

5. Director of Medical Education
   & Research, St. George Hospital
   Compound, Government Dental
   College Building, Fourth Floor,
   Near Chhatrapati Shivaji Terminus
   (CST), Mumbai-1.

6. State of Maharashtra,
   through its Secretary,
   Medical Education & Drugs
   Department, Mantralaya,
   Mumbai.




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7. Maharashtra University of
   Health Sciences, Anandvalli,
   Gangapur Road, Nashik 422 013
   through its Registrar.                           ..            RESPONDENTS


-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
         Mr.Ashwin Deshpande, Advocate for the Petitioner.
        Smt.S.W.Deshpande, Advocate for Respondent No.1.
    Mr.A.A.Madiwale, A.G.P. for Respondent Nos. 2, 3 and 5 to 6.
           Mr.J.B.Jaiswal, Advocate for Respondent No.7.
 -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-



                                    CORAM : B.R. GAVAI &
                                            A.S.CHANDURKAR, JJ.

DATED : April 24, 2017.

ORAL JUDGMENT (Per B.R. Gavai, J) :

1. Rule. Rule is made returnable forthwith. Heard finally by

consent of the learned counsel appearing for the parties.

2. The petitioner has approached this Court being

aggrieved by the Judgment and Order passed by respondent

no.1/Committee, dt.16.4.2002 thereby invalidating the caste claim

of the petitioner as belonging to 'Halba' Scheduled Tribe.

3. Though the petitioner has a good case on merits, we do

not find it necessary to go into merits inasmuch as the claim of the

petitioner's real sister namely Ku. Kalpana Pundlikrao Bokade has

been considered on merits by this Court in Writ Petition No.811 of

2003 vide Judgment and Order dt.30.11.2015. In the said

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Judgment, relying on the earlier Judgment in the case of Priya s/o.

Pravin Parate vs. Scheduled Tribes Caste Certificates

Scrutiny Committee, Nagpur and Others reported in 2013 (1)

Mh.L.J. 180, it has been held that the petitioner therein Kalpana

Bokade was entitled to the declaration that she belongs to 'Halba'

Scheduled Tribe.

4. In that view of the matter, in view of the Judgment of the

Division Bench of this Court in the case of Apoorva d/o. Vinay

Nichale .vs. Divisional Caste Certificate Scrutiny Committee No.1,

Nagpur and Other (Writ Petition No.1504 of 2010), the petitioner

herein is also entitled to be declared as belonging to 'Halba'

Scheduled Tribe. In the result, the impugned order is quashed and

set aside. It is held and declared that the petitioner belongs to

'Halba' Scheduled Tribe. The respondent/Scrutiny Committee is

directed to issue Validity Certificate in favour of the petitioner

within a period of four weeks from today.

Rule is made absolute in the above terms. Civil

Application No.847 of 2017 praying for disposal of the present

petition is disposed of.

No order as to costs.

                               JUDGE                            JUDGE


JAISWAL