Bombay High Court
Manohar S/O Raghao Kalmegh And ... vs Joint Commissioner And Vice ... on 17 August, 2021
Bench: S.B. Shukre, Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 2971 OF 2021
1) Manohar S/o. Raghao Kalmegh,
Aged about 59 years, Occ. Service,
2) Nikhil S/o. Manohar Kalmegh,
Aged about 33 years, Occ. Student,
Both R/o. Ganesh Colony, Ward No. 2,
Sangam Road, Wanadongri,
Tah. Hingna, Dist. Nagpur ..... PETITIONERS
// VERSUS //
Joint Commissioner & Vice-Chairman,
Scheduled Tribe Caste Certificate Scrutiny Committee,
Adiwasi Vikas Bhavan, Giripeth,
Nagpur. .... RESPONDENT
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Shri S.R.Narnaware, Advocate for petitioners.
Shri Amit Madiwale, A.G.P. for respondent/State.
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CORAM : SUNIL B. SHUKRE AND
ANIL S.KILOR, JJ.
DATED : 17th August, 2021.
ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)
Heard learned counsel for the petitioner and Shri
Amit Madiwale, learned Assistant Government Pleader who
appears by waving notice for the sole-respondent.
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2. Rule. Rule made returnable forthwith. Heard the
learned Counsel for the parties finally by consent.
3. On perusal of the impugned order dated 15th
June, 2021, we find that on the one hand the respondent
Scrutiny Committee has rejected the claim of the petitioner as
they belonging to Mana Scheduled Tribe on the ground that
Nagpur Scrutiny Committee has no jurisdiction to decide it,
the Amravati Scrutiny Committee would have the jurisdiction
in the matter, on the other hand, the respondent also appears
to have touched upon some aspects which were relating to
merits of the matter. The respondent has found that Nagpur
Authority had no power to issue the caste certificate to the
petitioner as the petitioners were originally the residents of
Pusla, Taluka Warud, District Amravati. Secondly, the
respondent has also commented upon the caste certificates
being not in the prescribed form, which is form 'C' issued
under Maharashtra Scheduled Tribes (Regulation of Issuance
and verification of) Certificate Rules 2003. Both these
findings reflect upon the consideration of the matter by the
Scrutiny Committee on its merits. The Scrutiny Committee,
having taking a decision regarding its lack of jurisdiction, had
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no power, authority and jurisdiction to make any comment or
render any finding upon any aspect which related to merits of
the matter, but, the scrutiny committee has done so. Such an
order cannot be sustained in the eye of law and we find that it
is necessary that this matter is remitted back to the Scrutiny
Committee for fresh decision in accordance with law.
4. The petition is partly allowed.
5. The matter is remanded back to the respondent
Scrutiny Committee.
6. The respondent is directed to first decide the
issue of its jurisdiction and if the decision is in negative, the
necessary order shall be passed and in case the decision is of
presence of jurisdiction by the Respondent-Scrutiny
Committee, then, the Scrutiny Committee shall take a further
decision on own merits of the case in accordance with law.
7. It is made clear that in case the Scrutiny
Committee finds that it has no jurisdiction in the matter, it
shall not render any finding upon any such aspect of the case
which directly or indirectly relates to the merits of the matter.
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8. Rule is made absolute in the aforesaid terms. No
order as to costs.
JUDGE JUDGE
sknair
