Bombay High Court
Tejaswini D/O Rushi Mundare vs The Scheduled Tribe Caste Certi. ... on 4 October, 2017
Bench: V.A. Naik
0410WP3716.13-Judgment 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 3716 OF 2013
PETITIONER :- Tejaswini D/o Rushi Mundare, Ageda bout
18 yrs., Occu. Student, R/o Gorvat, Post -
Motegaon, Tah.Chimur, Distt. Chandrapur.
...VERSUS...
RESPONDENTS :- 1) The Scheduled Tribe Caste Certificate
Scrutiny Committee, Gadchiroli. Through
Vice Chairman.
2) The Directorate of Medical Education &
Research, Mantralaya, Mumbai.
3) Kasturba Health Society's Mahatma Gandhi
Institute of Medical Sciences, Sevagram,
Wardha-442102, through its Dean.
4) The Vice-Chaincellor, Maharashtra
University of Health Sciences, Nasik.
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Ms Preeti Rane, Advocate for petitioner.
Mr. C.A.Lokhande, A.G.P.for respondent Nos.1 and 2.
Mr.A.S.Manohar, Advocate for respondent No.3.
None for respondent No.4.
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CORAM : ANOOP V. MOHTA &
M. G. GIRATKAR
, JJ.
DATED : 04.10.2017
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O R A L J U D G M E N T (Per : Anoop V. Mohta, J.)
Called out from final hearing board.
2. The Petitioner has challenged the impugned order dated
31/05/2013 passed by The Scheduled Tribe Caste Certificate Scrutiny
Committee, Gadchiroli, thereby rejected the case of validation of caste
certificate being belonged to "Mana" Scheduled Tribe, though there are
various documents on record including the caste certificates of validity
of father dated 21/09/2007 and of brother dated 02/11/2007. This in
our view is against the position of law including the provision itself.
The Scrutiny Committee ought not to have scuttled such certificates
while assessing the real daughter's/sister's certificate. The aspect of
original place of residence and/or of area restriction in view of the
above admitted position on record cannot be prevailed over such
certificate of father. This is specifically when there is no case of any
fraud, misrepresentation and of any illegality made out and/or even
pointed out on record.
3. This court on various occasions reiterated that such
paternal side certificate and in the present case of father and brother
are the direct relatives ought to have been respected while considering
the case of validation of caste certificate of petitioner daughter/sister.
The State must take positive steps, to avoid such litigations in view of
settled position of law and the judgments, including general direction,
to save public time, money and to avoid injustice, unnecessary hardship
and harassment.
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4. This court recently in Writ Petition No. 6337 of 2015
(Kum. Sujata Prakash Lade Vs. State of Maharashtra & Ors.), dated
04/09/2017, keeping in mind the provision of law as well as the settled
judgments in similarly situated matter, quashed and set aside such
order and directed the Caste Scrutiny Committee to issue validity
certificate to the Petitioner as early as possible. The relevant paragraph
Nos.3 and 5 of the said judgment read as under :-
"3 This Court by Oral Judgment dated 22 February
2017 passed in Prakash Vasudev Lade Vs. State of Maharashtra
& Ors. (WP No.5602 of 2015), directed the concerned
Respondents/Caste Scrutiny Committee to issue Caste Validity
Certificate. The Petitioner's real brothers have already got the
validity certificate long back. However, Respondent No.2-the
Scrutiny Committee, rejected the claim of the petitioner, which
in our view, unsustainable. This Court, today i.e. on 4
September 2017 in Writ Petition No.6631 of 2014 and other
connected matter (Tejaswini D/o Chandrakant Thakur Vs.
Scheduled Tribe Certificate Scrutiny Committee, Nashik &
Ors.), has dealt with this issue of Caste Validity Certificate and
directed the Respondent-Scrutiny Committee, to issue Caste
Validity Certificate.
5 Therefore, taking overall view of the matter and
as the Petitioner's case is covered by above Judgments and the
fact that the Petitioner's father, grand-fathers, real uncle, cousin
sisters and brother and cousin aunt have already been granted
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the Caste Validity Certificates by the concerned Scrutiny
Committee, there is no reason not to grant the Caste Scrutiny
Certificates to the Petitioner, in view of above admitted position
on record."
5. Therefore, taking overall view of the matter, we are
inclined to allow the petition in the following terms.
ORDER
(a) Impugned order dated 31/05/2013, passed by Respondent
No.1-The Scheduled Tribe Caste Certificate Scrutiny
Committee, Gadchiroli is quashed and set aside.
(b) Respondent No.1-Scrutiny Committee is directed to issue Caste
Validity Certificate to the Petitioner as early as possible and
preferably within four weeks from the receipt of the copy of
judgment.
(c) The concerned Respondent to take note of this and pass
consequential order accordingly.
(d) The State Government to take effective steps to avoid such
litigations.
(e) Rule is made absolute accordingly. There shall be no order as
to costs.
(M.G.GIRATKAR, J.) (ANOOP V. MOHTA, J.)
KHUNTE
