Bombay High Court
Organization For Rights Of Tribal ... vs Shaikh Saniya Anam Waheed Tadvi on 25 September, 2017
Bench: Shantanu S. Kemkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 25740 OF 2017
Shaikh Saniya Anam Waheed Tadvi ... Petitioner
Vs.
1. The State of Maharashtra
Through Its Secretary
2. Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad Division
3. Directorate of Medical Education and
Research and Competent Authority
4. Commissioner and Competent Authority
5. Govt. Medical College, Latur
Through its Dean, Latur ... Respondents
ALONGWITH
CIVIL APPLICATION NO. 2275 OF 2017
Organization for Rights of Tribal
Through its Treasurer ... Applicant
Vs.
Shaikh Saniya Anam Waheed Tadvi ... Respondent
......
● Mr. R.K. Mendadkar a/w Mr. C.K. Bhangoji for the
Petitioner.
● Mr. A.A. Kumbhakoni, Advocate General a/w. Mr. Shardul Singh,
Special Counsel a/w. Mr. Sandeep Babar, AGP for State.
......
CORAM : SHANTANU S. KEMKAR &
G.S. KULKARNI, JJ.
DATE : SEPTEMBER 25, 2017.
ORAL JUDGMENT: (PER G.S. KULKARNI, J)
1. Rule. Rule made returnable forthwith. By consent of the
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parties heard forthwith.
2. The petitioner, by this petition challenges the order dated
31/08/2017 passed by the Scheduled Tribe Certificate Scrutiny
Committee Aurangabad Division-Respondent No.2 by which, the
petitioner's claim for a validity to be granted to the Tadvi,
Scheduled Tribe Caste Certificate issued to the petitioner by the
Competent Authority has been rejected.
3. Having heard the learned counsel for the parties, it would
not be required for us to go into too many details of the case,
suffice it to observe that the Caste Scrutiny Committee in passing
the impugned order has completely ignored the caste validity
certificates granted to about eighteen relatives of the petitioner.
The details of which are set out here under:
Sr. Name Relationship Page Basic Documents relied
No No. upon the petitioner
3. Shaikh Abdul Waheed Father Caste Validity Certificate
Abdul Rajjak, dt. dt. 24.11. 1997
24.11. 1997
4. Abdul Latif Abdul Real Uncle Caste Validity Certificate
Rajjak, Dated Dated 30.6.2007
30.6.2007
5. Shaikh Sadiya Almas Real Sister 74 Caste Validity Certificate
Dated 22.6.2015 Dated 22.6.2015
6. Imran Abdul Kayyum Real Uncle 57 Caste Validity Certificate
Tadvi
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7. Ayesha Parveen Abdul Cousin Sister 75 Caste Validity Certificate
Tadvi Dated 26.7.2004 Dated 26.7.2004
8. Shaikh Sharekh Anwar Cousin 76 Caste Validity Certificate
Mohd. Ashfaque brother Dated-15.4.2011
Shaikh Dated-
15.4.2011
9. Tadvi Saba Firdous Cousin sister 77 Caste Validity Certificate
Abdul Lateef Dated- Dated-12.2.2011
12.2.2011
10. Shaikh Nishat Shaikh Cousin Aunt 78 Caste Validity Certificate
Abdul Rafique Dated- Dated-27.1.2004
27.1.2004
11. Said Abdul Masjid Cousin Uncle 79 Caste Validity Certificate
Dated 17.6.2010 Dated 17.6.2010
12. Shaikh Abdul Hasib Cousin Uncle 80 Caste Validity Certificate
Abdul Alim Dated- Dated-25.11.2008
25.11.2008
13. Tadvi Sumaiya Rauf Cousin Aunt 81 Caste Validity Certificate
Dated-5.6.2009 Dated-5.6.2009
14. Shaikh Shahin Abdul Cousin Aunt 82 Caste Validity Certificate
Maji Dated-15.4.2011 Dated-15.4.2011
15. SK. Gazala Parvin Md. Cousin Aunt 83 Caste Validity Certificate
Haneef, Dated- Dated-19.5.2009
19.5.2009
16. SK Abdul Ajim Abdul Cousin Uncle 84 Caste Validity Certificate
Rauf Dated-21.4.2001 Dated-21.4.2001
17. Shaikh Zaid Shaikh Cousin Uncle 85 Caste Validity Certificate
Abdul Rafique, dated- dated-15.4.2011
15.4.2011
18. Ajara Pervin Mohd. Cousin Aunt 86 Caste Validity Certificate
Haneef Dated- Dated-27.2.2007
27.2.2007
19. Abdul Latif Abdul Real Uncle 87 Caste Validity Certificate
Rajjak Dated- Dated-10.9.2009
10.9.2009
20. Sajiya Parvin SK Rauf Cousin Aunt 88 Caste Validity Certificate
Dated-21.4.2001 Dated-21.4.2001
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4. A perusal of the impugned order passed by the Caste
Scrutiny Committee shows that, there not justifiable reasons to
discard the validity certificates issued in favour of so many of the
above relatives of the petitioner. What is more significant is that,
one of the relative namely, the brother of the petitioner's
grandfather had approached this Court in Writ Petition No. 5183
of 2012 challenging the orders passed by the Caste Scrutiny
Committee invalidating the caste claim. The Division Bench in its
judgement dated 03/05/2014, taking into consideration all the
facts and documents as placed on record, quashed the decision of
the Caste Scrutiny Committee dated 14/05/2012 and held that
the petitioner therein belongs to the Tadvi, Schedule Tribe. The
committee was directed to issue a caste validity certificate to the
petitioner's brother as belonging to Tadvi, Schedule Tribe. The
impugned order has completely discarded the order passed by this
Court which appears to have attend finality.
5. Considering the above clear facts, the present petition would
be required to be allowed by setting aside the impugned order
passed by Respondent No.2-Caste Scrutiny Committee.
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Accordingly, we allow this petition by the following order.
ORDER
a) The impugned order dated 31/08/2017
passed by the Caste Scrutiny Committee is
quashed and set aside.
b) Respondent No.2-Caste Scrutiny Committee
is directed to forthwith issue the caste
validity certificate in favour of the petitioner
as belonging to Tadvi, Scheduled Tribe, on
receipt of the authenticated copy of this
order.
c) Rule is made absolute in the above terms.
No costs.
6. In view of our above order, we refuse to entertain the
intervention application. It is rejected.
(G.S. KULKARNI, J.) (SHANTANU S. KEMKAR, J.)
