Ku. Vaishali Vithalrao More vs The Scrutiny Committee For ...
2017 Latest Caselaw 6446 Bom

                                                                           1                                                                WP1120.2002

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



                                                          Writ Petition  No. 1120/2002

Petitioner                                          :                          Ku. Vaishali D/o Vithalrao More, 
                                                                               Aged 28 Years, Occ. Service, 
                                                                               R/o Sobanpura, Amravati 
                                                                               Dist. Amravati 
                                                    Versus

Respondents                                         :                          1. The Scrutiny Committee for Verification of 
                                                                                   Tribe Claim, through its Dy. Director, Irvin 
                                                                                   Chowk, Amravati
                                                                               2. Commissioner, Tribal Research and 
                                                                                   Training Institute, Maharashtra State, 
                                                                                   Pune-1

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                                                    Shri N.R. Saboo, Adv. for the Petitioner
                                                    Shri  N.Rode, A.P.P for the Respondents
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                                                    CORAM :  R.K. Deshpande & Manish Pitale, JJ
                                                    DATE     :  22.8.201
                                                                        7
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Oral Judgment :- (PER R.K. Deshpande, J)

Heard the learned counsels for both the parties on merits of the

matter.

2. By this petition, the petitioner has challenged the order dated

12/02/2002 passed by the Scrutiny Committee for verification of Tribe

Claims, Amravati invalidating the claim of the petitioner for Thakur

2 WP1120.2002

Scheduled Tribe which is an entry at Serial No. 44 in the Constitution

(Scheduled Tribes) order 1950, in relation to the State of Maharashtra. The

committee has invalidated the caste certificate dated 14/08/1990 produced

by the petitioner in support of his claim for Thakur Scheduled Tribe. The

petitioner got an order of appointment dated 03/01/2002, as a Steno-Typist

against the post reserved for Scheduled Tribe Category. However, it seems

that the petitioner is not in employment as on this date.

3. We have gone through the order of the Scrutiny Committee

impugned in this petition, we find that the petitioner has produced several

documents pertaining to the period prior to 1950 having probative value.

The documents are rejected by the Scrutiny Committee holding that the

documents do not indicate that the petitioner belongs to Thakur Scheduled

Tribe. Along with the application for amendment, the petitioner has

produced the judgment delivered by this Court on 15/01/2016 in Writ

Petition No. 4210/2002, in case of Sudhirkumar Bhaurao More Vs State of

Maharashtra and others alleging that he is the real uncle in whose favour the

declaration is granted that he belongs to Thakur Scheduled Tribe. He has

also invited our attention to the certificates of validity dated 08/03/2016 and

25/04/2011 in the name of uncle and the real sister of the petitioner

certifying their caste as Thakur Scheduled Tribe.

3 WP1120.2002

4. Keeping in view, the documents produced by the petitioner

pertaining to the period prior to 1950 and the judgment delivered by this

Court and the certificates of the validity produced before this Court, the

matter is required to be re-examined by the Scrutiny Committee. Hence, the

order impugned is required to be quashed and set aside, with an order of

remand.

5. In the result, Writ Petition is allowed and the order dated

12/02/2002 passed by the Scrutiny Committee for verification of Tribe

Claims, Amravati is hereby quashed and set aside and following order is

passed:-

(i) The petitioner is directed to appear before the Scrutiny committee on 25/09/2017. No fresh notice shall be issued. The committee shall decide the caste claim of the petitioner within a period of six months from the date of receipt of this order, failing which the committee shall deposit a cost of Rs. 5,000/- in the High Court Legal Aid Sub-Committee.

(ii) If there is any genuine difficulty in deciding the caste claim within the stipulated time, it shall be open for the Scrutiny Committee to file such an application for extension of time in advance and failing to comply with this, consequently, the earlier direction of payment of cost of Rs. 5,000/- shall follow. If application is made accordingly, the question of payment of cost shall not arise.

4 WP1120.2002

6. Rule is made absolute in the aforesaid terms. No order as to cost.

                               JUDGE                                           JUDGE                      

Ansari