Khushal S/O Sanjeev Dhote vs The Scheduled Tribe Certificate ...
2021 Latest Caselaw 17197 Bom

                                                                                              WP.4319.21.J
                                                       1


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT NAGPUR, NAGPUR.
                                       ...

WRIT PETITION NO. 4319/2021

* Khushal s/o Sanjeev Dhote Aged about 20 years, occu: Education R/o Plot No.39, Opp. Police Station, Smurti Nagar, Dattawadi, Nagpur. ..PETITIONER

versus

The Scheduled Tribe Certificate Scrutiny Committee Through its Member-Secretary & Deputy Director, Nagpur Division, Tah. & Dist. Nagpur. .. RESPONDENT ..................................................................................................................

Mr S.K. Patil, Advocate for petitioner Mr.D.P. Thakare, Addl. Govt. Pleader for respondent ................................................................................................................

CORAM: SUNIL B. SHUKRE & ANIL L. PANSARE, JJ DATED : 9th December, 2021.

ORAL JUDGMENT: (PER SUNIL B.SHUKRE, J.)

1. Heard learned counsel for the petitioner and learned

Additional Government Pleader, who waives service of notice on behalf

of the respondent.

2. Rule. Rule made returnable forthwith. Heard finally with

consent of respective parties.

3. Learned Additional Government Pleader on instructions

submits that the petitioner had earlier filed application on both WP.4319.21.J

occasions, but those applications were rejected on the ground that they

were not made in proper form. He further submits on instructions that

the Respondent-Scrutiny Committee is ready to decide the application

of the petitioner for scrutiny of the tribe claim in accordance with law

as expeditiously as possible, provided the petitioner makes an

application for scrutiny in proper form.

4. Learned counsel for the petitioner on instructions submits

that the petitioner is ready to do so.

5. We, therefore, grant liberty to the petitioner to make a

fresh application in proper form to the respondent-Scrutiny Committee

within a period of one week from the date of the order and if such an

application is made, we further direct the Scrutiny Committee to decide

the same in accordance with law within a period of two months from

the date of appearance of the petitioner. We, however, make it clear

that if the application which may be filed in pursuance of this order by

the petitioner is not found to be in proper form, the Scrutiny Committee

shall have discretion to deal with the same like it would have in such

matters, in law.

6. Rule is made absolute in the above terms. No costs.

                   JUDGE                         JUDGE
sahare
                                                          Digitally Signed ByNARENDRA
                                                          BHAGWANTRAO SAHARE
                                                          Location:
                                                          Signing Date:10.12.2021 14:41