Bombay High Court
Gopichand S/O Pandurang Randhaye vs The Vice-Chairman/Member ... on 6 September, 2021
Bench: S.B. Shukre, Anil S. Kilor
30-wp-495-20(j).odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 495 OF 2020
Gopichand S/o Pandurang Randhaye,
Aged 46 years, Occ. Service,
R/o Kotgaon, Tah. Nagbhid,
Dist. Chandrapur ..... PETITIONER
// VERSUS //
The Vice-Chairman/Member-
Secretary,
Scheduled Tribe Caste Certificate
Scrutiny Committee, Gadchiroli ...RESPONDENT
=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Ms. Preeti D. Rane, Advocate for petitioner.
Ms. N.P. Mehta, AGP for sole-respondent.
=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
CORAM : SUNIL B. SHUKRE AND
ANIL S.KILOR, JJ.
DATED : 6th September, 2021.
ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)
Heard.
2. Rule. Rule is made returnable forthwith. Heard
finally by consent of the parties.
3. On going through the impugned order, it can be
seen without any difficulty that the Scrutiny Committee has not
appreciated the pre-constitutional documents properly and has
rejected the caste validities existing in the family on grounds not
30-wp-495-20(j).odt 2/3
tenable at law as rightly submitted by the learned counsel for
the petitioner, although, learned Assistant Government Pleader
would defend the impugned order.
4. There are three certificates of validity issued to
three blood relatives of the petitioner from the paternal side.
These three blood relatives are (1) Kevalram Hagruji Randhaye,
(2) Neha Kevalram Randhaye and (3) Akshay Kevatram
Randhaye. The validities have been granted on 2 nd June, 2009,
24th April, 2009 and 7th February, 2009 by the Scrutiny
Committees at Gadchiroli, respectively. These validities have
been rejected by the respondent on the ground that they were
issued without any vigilance inquiry, but, the respondent has not
recorded any finding about the validities having been obtained
by playing fraud upon the Committee or any misrepresentation
nor any notice has been issued to any these family members of
the petitioner calling for their explanation as to why appropriate
action be not taken against them for manipulatively obtaining
the validities.
5. In such set of facts and circumstances, the view
taken by us in the case of Ku. Nayan D/o Bhaskar Chouke Vs.
The Scheduled Tribes Caste Scrutiny Committee, Nagpur and
another in Writ Petition No. 491 of 2019 decided on 16 th July,
30-wp-495-20(j).odt 3/3
2021 would apply and accordingly, we find that on this count
the Scrutiny Committee has committed any grave error and
therefore, the view of the Scrutiny Committee which is based on
such grave error and illegality cannot be upheld by us.
6. Apart from what is stated above there is also oldest
pre-constitutional document of the year 1921-22 issued in the
name of Vijya S/o Vihitya Mana (Page 29) and one more
document of the year 1945 issued in the name of father of the
petitioner, both of which show the social status of these relatives
of the petitioner as that of "Mana" community. These
documents further fortify the claim of the petitioner.
7. In view of above, we allow the petition. The
impugned order is hereby quashed and set aside.
8. The respondent-Scrutiny Committee is directed to
issue validity certificate to the petitioner as he belonging to
"Mana" Schedule Tribe within a period of four weeks from the
date of receipt of the order. Rule accordingly. No order as to
costs.
JUDGE JUDGE
sknair
