Bombay High Court
Sudhanshu S. Sonkusale (Minor) ... vs State Of Maha. Thr. Secretary, ... on 29 January, 2018
Bench: Vasanti A. Naik
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.7740/2017
PETITIONERS : 1. Sudhanshu s/o Sunil Sonkusale,
aged about 17 years, Occ. Student.
2. Ku. Paridhi d/o Sunil Sonkusale,
aged about 7 years, Occ. Student.
Both the petitioners are minor through
their Guardian father Sunil Ramaji
Sonkusale, aged about 48 years, Occ.
Medical Practitioner, Resident of 40,
Nandanwan Layout, Opp. Homeo College,
Nagpur - 440009.
...VERSUS...
RESPONDENTS : 1. State of Maharashtra through its
Secretary, Ministry of Social Justice
and Tribal Welfare Department,
Mantralaya, Mumbai - 400032.
2. Scheduled Tribe Caste Certificate
Scrutiny Committee, Nagpur Division,
Nagpur, Adivasi Vikas Bhavan,
Giripeth, Nagpur through its Member -
Secretary/Chairman.
3. Sub Divisional Officer, Katol, District :
Nagpur.
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Shri N.C. Phadnis, Counsel for petitioners
Ms. Shamsi Haider, A.G.P. for respondents.
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CORAM : SMT. VASANTI A NAIK AND
ARUN D. UPADHYE, JJ.
DATE : 29/01/2018
wp7740.17 .odt
ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
Rule. Rule made returnable forthwith. The writ petition is
heard finally with the consent of the learned Counsel for the parties.
By this writ petition, the petitioners challenge the order of
the Sub Divisional Officer, refusing to issue a caste certificate in favour of
the petitioners and invalidating their claim of belonging to Halba
Scheduled Tribe. The petitioners also challenge the order of the Caste
Scrutiny Committee upholding the order of the Sub Divisional Officer.
The learned Counsel for the petitioners states that the issue
involved in this petition was also involved in Writ Petition Nos.663/2014,
5481/2014, 5710/2014 and 4938/2015 and this Court has, by the orders
dated 26/3/2014, 14/11/2014 and 25/8/2015 respectively, allowed the
said writ petitions and similar orders passed by the Sub Divisional Officers
were quashed and set aside. It is stated that after quashing the said orders
this Court had directed the Sub Divisional Officers to issue the caste
certificates in favour of the petitioners in the said writ petitions. The
learned Counsel seeks similar order in this writ petition, on parity.
The learned Assistant Government Pleader appearing on
behalf of the respondents do not dispute the statements made on behalf of
the petitioners. It is fairly admitted that in almost similar set of facts this
Court has partly allowed the writ petitions and has quashed the similar
wp7740.17 .odt
orders passed by the Sub Divisional Officers. It is stated that an
appropriate order could be passed in this writ petition also.
Hence, for the reasons aforesaid and for the reasons
recorded in the order dated 26/3/2014 in Writ Petition No.663/2014 this
writ petition is partly allowed. The impugned orders are quashed and set
aside. The Sub Divisional Officer/Competent Authority is directed to issue
a caste certificate in favour of the petitioners within three weeks so that
the petitioners could submit the same to the Scrutiny Committee for
verification.
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
