Vaishnavi D/O Ishwar Bondalwar vs The District Caste Certificate ...
2022 Latest Caselaw 4613 Bom

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

                          WRIT PETITION NO.4467/2021



Vaishnavi D/o Ishwar Bondalwar,
aged about 20 Yrs., Occ. Student,
R/o Village Gomani, Tah. Mulchera,
Dist. Gadchiroli and Gurukunj Colony,
Armori Road, Tah. and Dist. Gadchiroli.                                         ..Petitioner.

             -Vs.-

1.   The District Caste Certificate Scrutiny
     Committee, Gadchiroli through it's Principal
     Secretary, Dr. Babasaheb Ambedkar Samajik
     Nyay Bhawan, ITI Square, LIC Road,
     Gadchiroli 442 605.

2.   State Common Entrance Test Cell,
     Maharashtra State, Mumbai, 8th Floor,
     New Excelsior Building, A.K. Nayak
     Marg, Fort, Mumbai 400 001, through
     it's Commissioner and Competent
     Authority.

3.   The Director of Technical Education,
     Maharashtra State, 3 Mahapalika Marg,
     Post Box No.1967, Opp. Metro Cinema,
     Mumbai 400 001.                                                     ..Respondents.
 -----------------------------------------------------------------------------------------
Mr. Rohit Joshi, Advocate for the petitioner.
Ms. H.N. Jaipurkar, A.G.P. for respondent Nos.1 and 3.
Mr. A.A. Choube, Advocate h/f Mr. N.A. Gaikwad, Advocate for
respondent No.2.
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                                          CORAM : SUNIL B. SHUKRE AND
                                                  SMT. M.S. JAWALKAR, JJ.

                                          DATE      : 29 APRIL 2022


ORAL JUDGMENT (Per Sunil B. Shukre, J.)




        Heard. Rule.                Rule made returnable forthwith. Heard finally by

consent.

2. The validity of the tribe certificate granted to the petitioner by the

competent authority has been refused to be granted by the respondent

Scrutiny Committee. In doing so, the respondent Committee also directed

to cancel the validity certificate granted by the concerned Scrutiny

Committee to Ishwar Bondalwar and Harshad Bondalwar, the father and

the real brother of the petitioner and the same were directed to be revoked

by the Scrutiny Committee and eventually, the validity certificates granted

to the father and the brother of the petitioner were cancelled.

3. Ishwar and Harshad had filed a Writ Petition No.472/2020 (Ishwar

S/o Naga Bondalwar and another V/s. The District Caste Certificate

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Scrutiny Committee, Gadchiroli and others) questioning the action of the

Scrutiny Committee in cancelling the validity certificate granted to them

earlier. By the judgment delivered on 26th July 2021, the coordinate Bench

of this Court presided over by the Hon'ble the Chief Justice held that

Scrutiny Committee committed a jurisdictional error in cancelling the

validity certificates granted to the father and the brother of the petitioner.

The Division Bench held that the Scrutiny Committee has no jurisdiction

in law to cancel the validity certificates already granted. The Division

Bench then quashed and set aside the orders of cancellation of validity

certificates passed by the Scrutiny Committee and directed that the validity

certificates granted to the father and the brother of the petitioner

respectively on 6.3.2014 and 19.1.2015 stood restored. This restoration of

the validity certificates granted to the father and the brother of the

petitioner is now basis for issue of validity certificate in favour of the

petitioner especially when there is no dispute about the relation between the

petitioner on the one hand, and Ishwar Bondalwar and Harshad Bondalwar

on the other. If Ishwar Bondalwar and Harshad Bondalwar have been

declared to be belonging to Zade Nomadic Tribe (C), there is no valid

reason for anybody to say that the petitioner cannot claim the same social

status as the law in this regard is well settled. Useful reference in this regard

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could be made to the judgment in the case of Bharat Bhagwant Tayade V/s.

State of Maharashtra and others delivered in 11617/2017 decided on

15.3.2022 at Mumbai. In view of the above, we find that the impugned

order is illegal and it deserves to be quashed and set aside.

4. In the result, the petition is partly allowed. The impugned order is

hereby quashed and set aside.

5. We direct the respondent Scrutiny Committee to issue tribe validity

certificate to the petitioner as she belonging to Zade Nomadic Tribe (C)

within a period of four weeks from the date of the order. Rule is made

absolute in the above terms. No costs.

     (SMT. M.S. JAWALKAR, J.)                          (SUNIL B. SHUKRE, J.)




Tambaskar.