Gaurav S/O Gajanan Shinde vs S. T. Caste Certificate Scrutiny ...
2022 Latest Caselaw 8344 Bom

WP 1033/2022                                   1                       Judgment

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

                   WRIT PETITION NO. 1033 OF 2022

Gaurav s/o Gajanan Shinde,
age 23 years, Occ. Student,
R/o New Khetan Nagar, Kaulkhed,
Akola.
                                                                   PETITIONER
                                 .....VERSUS.....
Schedule Tribe Caste Certificate Scrutiny Committee,
Amravati Division, Old by pass Road,
Chaprashipura Amravati,
through its Vice Chairman/ Jt. Commissioner.
                                                                  RESPONDENT


                  Shri A.P. Kalmegh, Advocate for the petitioner.
     Ms. S.S. Jachak, Assistant Government Pleader for the respondent/ State.



CORAM : A. S. CHANDURKAR AND URMILA JOSHI - PHALKE, JJ.

DATE : 24 AUGUST, 2022.

ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)

RULE. Rule made returnable forthwith and heard learned

Counsel for the parties.

2. The learned Assistant Government Pleader waives notice for

the respondent.

3. By a common order dated 24/12/2020, the Scrutiny

Committee invalidated the tribe claim of the petitioner as well as his

father. The petitioner's father had filed Writ Petition No. 1851/2021 and WP 1033/2022 2 Judgment

by the judgment dated 27/8/2021 this Court had set aside the order

passed by the Scrutiny Committee and had remitted the matter for fresh

consideration.

4. We find that since the order impugned in this Court has

already been set aside by the aforesaid order, similar course would have

to be followed in the present Writ Petition.

5. Accordingly, for the reasons assigned in the order dated

27/8/2021 in Writ Petition No. 1851/2021 (Gajanan S/o Bhanudas

Shinde Vs. Scheduled Tribe Caste Certificate Scrutiny Committee,

Amravati Division & Ors.), the order 24/12/2020 passed by the Scrutiny

Committee against the present petitioner is set aside. It is directed that in

accordance with the directions issued in the case of the petitioner's father,

the petitioner's claim shall also be re-examined. The petitioner shall

appear before the Scrutiny Committee on 5/9/2022 and shall cooperate

with the Committee for expeditious consideration of the tribe claim. Since

the petitioner is a Student and as the Scrutiny Committee was directed to

decide the claim of his father within a period of eight weeks from

6/9/2021, the Scrutiny Committee shall within a period of two months

from the first date of appearance decide the proceedings finally. All

questions on merits are kept open.

WP 1033/2022 3 Judgment

6. The Writ Petition is accordingly allowed. Rule is made

absolute in the aforesaid terms. No costs.

(URMILA JOSHI - PHALKE, J.) (A.S. CHANDURKAR, J.) Sumit

Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:24.08.2022 18:24