Nandini D/O. Shrikant Gajabhe vs State Of Maharashtra, Thr. Its ...
2022 Latest Caselaw 1147 Bom

WP 5550-21                                     1                     Judgment

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      NAGPUR BENCH, NAGPUR.
                    WRIT PETITION NO. 5550/2021
Nandini D/o Shrikant Gajabhe,
aged about 18 years, Occ.-Student,
R/o Flat No.I-1202, Bramhagiri, MHADA Towers,
Pimpri Waghere, Pune-411017.                                      PETITIONER
                                 .....VERSUS.....
1.     State of Maharashtra, Through its Secretary,
       Tribal Development Department,
       Mantralaya, Mumbai-32.
2.     Scheduled Tribe Certificate Scrutiny Committee,
       Gadchiroli, through its Member-Secretary,
       Complex area, Dist. Gadchiroli.                         RESPONDENT S

                Shri Shankar D. Borkuta, counsel for the petitioner.
     Mrs. K.R. Deshpande, Assistant Government Pleader for the respondents.

CORAM : A. S. CHANDURKAR AND SMT.PUSHPA V. GANEDIWALA, JJ.

DATE : 01ST FEBRUARY, 2022.

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

RULE. Rule made returnable forthwith and heard the learned

counsel for the parties.

2. The only relief sought by the petitioner is for grant of a

direction to be issued to the Scheduled Tribe Certificate Scrutiny

Committee, Gadchiroli to expeditiously decide the petitioner's tribe claim

of belonging to 'Mana' Scheduled Tribe. Such prayer has been made as

the petitioner is pursuing her studies.

3. While issuing notice on 27.12.2021, an interim direction was

passed directing the respondents to issue a provisional validity certificate WP 5550-21 2 Judgment

in favour of the petitioner in view of the fact that the petitioner's father

holds the validity certificate.

4. Mrs. K.R. Deshpande, learned Assistant Government Pleader

for the respondents on instructions submits that such provisional validity

certificate has been issued to the petitioner. She also states that the claim

of the petitioner which is pending before the Scrutiny Committee shall be

decided within a period of three months.

5. In view of aforesaid, the writ petition is disposed of by

directing the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli

to decide the tribe claim of the petitioner within a period of three months

from the date of presentation of this order before it. The claim shall be

decided on its own merits and in accordance with law.

6. Rule is made absolute in aforesaid terms with no order as to

costs.

(SMT.PUSHPA V. GANEDIWALA, J.) (A.S. CHANDURKAR, J.)

APTE

Signed By: Digitally signed byROHIT DATTATRAYA APTE Signing Date:02.02.2022 14:48