Aditya S/O Mohan Gathe vs Schedule Tribe Caste Certificate ...
2022 Latest Caselaw 3822 Bom

                                               1                               WP5388-21.odt


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH, NAGPUR
                            WRIT PETITION NO. 5388/2021
(ADITYA MOHAN GATHE VERSUS S.T. CASTE CERTIFICATE SCRUTINY COMMITTEE, AMRAVATI)

 Office Notes, Office Memoranda of Coram,
 appearances, Court's orders of directions                  Court's or Judge's order
 and Registrar's orders.
         Shri A.P. Kalmegh, counsel for the petitioner.
         Ms N.P. Mehta, Assistant Government Pleader for the respondent.

        CORAM : A. S. CHANDURKAR AND SMT. M.S. JAWALKAR, JJ.

DATE : APRIL 07, 2022.

The petitioner has challenged the adjudication undertaken by the Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati on 02.11.2020 thereby invalidating the tribe claim of the petitioner of belonging to 'Thakur' Scheduled Tribe. It is submitted that in Writ Petition No.5194 of 2019 this Court has directed issuance of validity certificate to the petitioner's sister Vaishnavi Mohan Gathe.

Question as regards the parameters to be applied while considering the issuance of validity certificate to the claimant seeking to belong to 'Thakur' Scheduled Tribe as well as the weightage to be given to the affinity test has been referred to a Larger Bench of the Hon'ble Supreme Court for consideration. That adjudication therefore will have to be awaited since the petitioner also claims to belong to 'Thakur' Scheduled Tribe. The petitioner however seeks to pursue his education in the meanwhile. Considering the fact that the petitioner's sister has been issued validity certificate pursuant to the judgment in Writ Petition No.5194 of 2019 dated 26.07.2019, the order passed by the Scrutiny Committee dated 02.11.2020 is stayed until furthers. It is however clarified that if the petitioner seeks admission on the strength of his caste certificate the same would be subject to final outcome of the writ petition.

Stand over six weeks.

        (SMT. M.S. JAWALKAR, J.)                   (A. S. CHANDURKAR, J.)
                                                                         Signed By: Digitally signed
 APTE                                                                    byROHIT DATTATRAYA
                                                                         APTE
                                                                         Signing Date:07.04.2022 18:18