Mitali Manohar Thumbre vs State Of Maharashtra Through Its ...
2021 Latest Caselaw 14384 Bom

                      Shubhada S Kadam                                           3 wp 8654.2015.doc

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
                                           WRIT PETITION NO.8654 OF 2015
                      Mitali Manohar Thumbre                                   ....Petitioner
                          Versus
                      The State of Maharashtra through its
                      Secretary, Tribal Development Department,
                      Mantralaya, Mumbai and ors.                              ....Respondents

                      Mr. R. K. Mendadkar, advocate for the petitioner..
                      Ms. M. S. Bane, AGP for the State.

                                                   CORAM : PRASANNA B. VARALE &
                                                           N. R. BORKAR, JJ.

                                                   DATE      : 4th OCTOBER, 2021.

                      P.C. :

1. Heard Mr. Mendadkar, learned counsel for the petitioner and

Ms. Bane, learned AGP for the State.

2. In the present petition, the petitioner - Mitali Manohar Thumbre

has raised a challenge to an order dated 18 th December, 2012 passed by

respondent No.2- -Scheduled Tribe Certificate Scrutiny Committee,

Konkan Division, Thane, whereby the petitioner's caste claim is

invalidated. Perusal of the record shows that the petitioner was protected

by way of interim order passed by this Court on 28th August, 2015.

3. Mr. Mendadkar, learned counsel for the petitioner, submitted

that two of the nearest relatives of the petitioner have received validity

Digitally signed by SHUBHADA SHUBHADA SHANKAR 1/3 SHANKAR KADAM KADAM Date:

2021.10.05 10:27:53 +0530 Shubhada S Kadam 3 wp 8654.2015.doc

certificate in their favour. One of them is the real brother of the petitioner

- Mandar Manohar Thumbre . A copy of the validity certificate issued in

his favour is annexed to the petition at page 87. Perusal of the said

validity certificate shows that the same is issued in favour of the

petitioner's brother - Mandar Manohar Thumbre on 25th September,

2019. A copy of the judgment and order dated 4 th October, 2019 passed

by the Division Bench in writ petition No.4651 of 2015 in the matter of

petitioner's cousin - Vithoba Balkrishna Thumbare is also annexed at

page 76. In the backdrop of these factual aspects, Mr. Mendadkar prayed

for remanding the matter back to the Caste Scrutiny Committee for fresh

consideration of the petitioner's caste claim.

4. As there is no denial about the documents viz. the validity

certificate issued in favour of real brother of the petitioner -Mandar

Manohar Thumbre and the judgment and order dated 4th October, 2019,

passed by the Division Bench in writ petition No.4651 of 2015 in the

matter of petitioner's cousin - Vithoba Balkrishna Thumbare, we find

considerable merit in the submission of Mr. Mendadkar, learned counsel

for the petitioner. Accordingly, we pass the following order :

(1) The order dated 18th December, 2012, passed by respondent No.2

-Scheduled Tribe Certificate Scrutiny Committee, Konkan Division,

Thane, is quashed and set-aside.

Shubhada S Kadam 3 wp 8654.2015.doc

(2) Respondent No.2 -Scheduled Tribe Certificate Scrutiny Committee,

Konkan Division, Thane, is directed to adjudicate and decide the

claim of the petitioner afresh in view of the validity certificate issued

in favour of real brother of the petitioner -Mandar Manohar

Thumbre as well as the judgment and order dated 4 th October,

2019, passed by the Division Bench in writ petition No.4651 of

2015 filed at the instance of petitioner's cousin - Vithoba

Balkrishna Thumbare.

(3) Needless to state that Respondent No.2 -Scheduled Tribe

Certificate Scrutiny Committee, Konkan Division, Thane, to

undertake the exercise of adjudicating the claim of the petitioner as

early as possible and shall decide the same not later than eight

weeks from the date of receipt of copy of this order.

(4) The petitioner shall appear before respondent No.2-Scheduled

Tribe Certificate Scrutiny Committee, Konkan Division, Thane, with

all the necessary documents on 18th October, 2021 at 11.00 a.m..

The petition, accordingly, stands disposed of.

( N. R. BORKAR, J.)                            (PRASANNA B. VARALE, J.)