Sapna D/O Rushi Mundare Through ... vs The Scheduled Tribe Caste ...
2017 Latest Caselaw 8046 Bom

                                               1                     judWP3794.13.odt


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH : NAGPUR
                                   
                      WRIT PETITION NO.3794/2013

 Sapna D/o Rushi Mundare,
 Aged about 16 yrs, Occ. Student,
 through Natural Guardian Father
 Shri Rushi S/o Kawaduji Mundare,
 R/o. Gorvat, Post - Motegaon, 
 Tah. Chimur, Dist. Chandrapur.                          :      PETITIONER

                ...VERSUS...

 1.             The Scheduled Tribe Caste Certificate
                Scrutiny Committee, Gadchiroli.

 2.             The Head-Master,
                Nav Bharat Junior Science College, Mul, 
                Dist. Chandrapur.                     :  RESPONDENTS



 Ms. Preeti Rane Advocate  for Petitioner.
 Mr. A.M. Joshi, Assistant Government Pleader for respondent No. 1.
 __________________________________________________________

                               CORAM  : ANOOP V. MOHTA 
                                                             &
                                         M. G. GIRATKAR,   JJ.

                               DATE     : 11.10.2017.


 ORAL JUDGMENT (Per  
                     ANOOP V. MOHTA
                                    ,J.)


 1.             The   Petitioner   has   challenged   the   impugned   order   dated

 31.05.2013   whereby     her  caste   certificate  belonging  to  "Mana"  (Scheduled

 Tribe) is canceled and confiscated.  This Court in Writ Petition No. 3716/2013

 (Tejaswini Rushi Mundare Vs. STCC & others) decided on 4.10.2017,   after




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 considering the admitted position on record and the law accepted the case of

 petitioner's real sister, thereby directed to issue validity certificate accordingly.


 2.                The present Petitioner is required to be considered on the same

 line and  reason  being  real sister of  Tejaswini.      Therefore,   for the reasons

 recorded in the said judgment in Writ Petition No. 3716/2013 (supra), the

 present petition is allowed.


                                          ORDER

i. Quash and set aside the impugned order dated 31.05.2013 passed by

the Respondent No.1 - Scrutiny Committee, Gadchiroli

ii. Respondents are directed to issue caste certificate as early as possible

preferably within four weeks from the receipt of copy of this order.

iii. The concerned respondents to take note of this and pass

consequential order accordingly.

iv, Rule is made absolute, accordingly.

                    JUDGE                                    JUDGE
 Gohane