Ku Vaishali Shamraoji Headaoo Amt vs State Of Mah & Another
2017 Latest Caselaw 4685 Bom

                                                  1              wp4920.04.odt

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


                          WRIT PETITION NO. 4920 OF 2004


            Ku. Vaishali Shamraji Hedaoo,
            aged 24 years, R/o. C/o. Mokasdar,
            Sawarkar Nagar, Achalpur,
            Distt. Amravati.                                               PETITIONER


                                 ...VERSUS...


 1]         State of Maharashtra, through
            Secretary, Ministry of Tribal
            Welfare Department, Mantralaya,
            Mumbai-400 032.

 2]      Dy. Director & Member Secretary,
         Scheduled Tribe Caste Certificate
         Scrutiny Committee, Amravati Division,
         Amravati.                                                     RESPONDENTS
 -------------------------------------------------------------------------------------------
 Shri N.C.Phadnis, Advocate for Petitioner.
 Ms. Geeta Tiwari, Asstt.. Govt. Pleader for Respondents
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE, AND
                                        Mrs. SWAPNA JOSHI, JJ.

th DATE : 18 JULY, 2017 .

ORAL JUDGMENT (Per DESHPANDE, J)

1] On the basis of the interim order passed by the

Apex Court in the case of State of Maharashtra vrs. Milind

Katware, reported in 2001 (1) Mh.L.J. 1, the petitioner was

issued validity certificate as Halba-Koshti on 19.04.2004.

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The Apex Court has in the aforesaid decision, reversed the

judgment of this Court and it is held that no evidence can let

in to establish that 'Koshti' or 'Halba Koshti' are the 'Halba'

covered by Entry No. 19 of the Constitution (Scheduled

Tribe) Order, 1950. The certificate dated 19.04.2004 issued

by the Committee is, therefore, required to be cancelled.

However, it does not mean that the petitioner's claim on

merits cannot be considered by the Scrutiny Committee. The

matter will have to be sent back to the Scrutiny Committee for

scrutiny and verification of the caste claim of the petitioner for

Halba - Scheduled Tribe category.

2] In view of above, the writ petition is allowed and

the respondent Committee is directed to scrutinize and verify

the caste claim of the petitioner afresh for Halba - Scheduled

Tribe category in accordance with the provisions of the

Maharashtra Scheduled Castes, Scheduled Tribes,

De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other

Backward Classes and Special Backward Category

(Regulation of Issuance and Verification of Caste Certificate)

Act, 2000 (Maharashtra Act No.XXIII of 2001) and Rules

framed thereunder. Needless to say that the Committee shall

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permit the petitioner to file the documents on record in

support of its caste claim. The petitioner to appear before

the Committee on 28.08.2017. The Committee thereafter to

proceed in the matter in accordance with law. No order as to

costs.

                                   JUDGE                       JUDGE

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