Abhishek S/O Satish Bakde vs Jt. Commi. And Vice Chairman, ...
2021 Latest Caselaw 17782 Bom

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

                          CIVIL WRIT PETITION NO. 2378 OF 2021

                                     Abhishek Satish Bakde
                                              -Vs-
         Joint Commissioner and Vice Chairman, Scheduled Tribe Caste Certificate Scrutiny
                               Committee, Amravati and two ors.

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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr. S.R.Narnaware, counsel for the petitioner.
                                       Mr. A.S.Fulzele, Addl.G.P for respondent No.1.
                                       Mr. N.S.Khubalkar, counsel for respondent No.2
                                       Mr.D.U.Thakare, counsel for respondent No.3.



                                               CORAM : SUNIL B.SHUKRE &
                                                       ANIL L. PANSARE, JJ.

DATE : 21.12.2021.

1. We have heard learned counsel appearing for the petitioner at length. We have gone through the impugned order. We have also considered the effect of judgment rendered by the Co-ordinate Bench of this Court in the case of Sonal Prakash Bakade Vs. Joint Commissioner and Vice Chairman, Scheduled Tribe Caste Certificate Scrutiny Committee, reported in 2016 (5) Mh.L.J.907, wherein the Co-ordinate Bench of this Court has held, on the basis of documents submitted by the petitioner therein, that the petitioner satisfactorily proved her claim to be belonging to Halbi Scheduled Tribe.

2. The impugned order dated 16.04.2021 shows that subsequently, cousin of the petitioner, Pavankumar Chandrashekhar Bakade, was issued a validity certificate

Kavita 1-wp 2378-21.odt

by the District Caste Scrutiny Committee, Amravati showing that Pavankumar belongs to Koshti caste which is included in the category of SBC. Considering such conflicting validities existing in the paternal family of the petitioner, we are of the view that this matter would have to be heard at length by considering not only various documents available before the Scrutiny Committee but also the cultural trends, customs and traditions of the family of the petitioner. Hence, Rule.

3. Learned Addl.GP waives service of notice for respondent No.1 on merits.

4. Learned counsel Shri. N. S. Khubalkar, waives service of notice for respondent No.2 on merits.

5. Learned counsel Shri. D. U. Thakare, waives service of notice for respondent No.3 on merits.

6. As regards the allotment of College to the petitioner, we clarify that the respondent Nos.2 and 3 would have to take an appropriate decision in the light of the statement made by the petitioner in his online application form dated 09.06.2021 to the effect that he has applied for issuance of tribe validity, but has not received, which is a false statement.

(ANIL L.PANSARE, J) (SUNIL B. SHUKRE, J)

Signed By:KAVITA PRAVIN TAYADE P. A.

Signing Date:21.12.2021 17:02

Kavita