Bombay High Court
Krutika Deepak Ghodmare vs The Scheduled Tribe Certificate ... on 3 February, 2022
Bench: A.S. Chandurkar, Mukulika Shrikant Jawalkar
WP 4869-21 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4869/2021
Krutika Deepak Ghodmare (Aged 21 Years),
Occupation: Student (And Candidate eligible for
admission to MCA Course), 793, Waman Smruti
Building, Shreenath Road, Shantinagar, Nagpur-440 002. PETITIONER
.....VERSUS.....
1. The Scheduled Tribe Certificate Scrutiny
Committee, Nagpur, Through its Member
Secretary, Giripeth, Nagpur - 440 010.
2. State Common Entrance Test Cell,
Government of Maharashtra, through its
Competent Authority, 8th Floor, New Excelsior
Building, A.K. Nayak Marg, Fort, Mumbai - 400 001.
eMail - [email protected] RESPONDENT S
Shri S.P. Khare with Shri N.D. Jambhule, counsel for the petitioner.
Mrs. K.R. Deshpande, Assistant Government Pleader for the respondent no.1.
Shri N.S. Khubalkar, counsel for the respondent no.2.
CORAM : A. S. CHANDURKAR AND SMT. M.S. JAWALKAR, JJ.
DATE : 03RD FEBRUARY, 2022.
ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)
RULE. Rule made returnable forthwith and heard the learned
counsel for the parties.
2. The petitioner by this writ petition seeks a direction to be
issued to the Scrutiny Committee to issue a validity certificate of
belonging to 'Mana' Scheduled Tribe in the light of the fact that her real
sister Gayatri has been held to belong to 'Mana' Scheduled Tribe by this
Court in Writ Petition No.6508 of 2018.
WP 4869-21 2 Judgment
3. Considering the averments made in the writ petition on
06.01.2022 the following order was passed:
"It is submitted by the learned counsel for the
petitioner that the real sister of the petitioner had
approached this Court in Writ Petition No.6508 of 2018
and by judgment dated 27.02.2019 after setting aside the
order passed by the Scrutiny Committee the issuance of
validity certificate was directed. The said validity
certificate has been issued on 08.03.2019.
The learned Additional Government Pleader
to obtain instruction from the respondent no.1 as to
whether the said judgment in Writ Petition No.6508 of
2018 has been challenged or not.
Stand over one week."
4. Today, the learned Assistant Government Pleader on
instructions submits that the judgment in Writ Petition No.6508 of 2018
has not been challenged further by the Scrutiny Committee.
5. Perusal of the order passed in Writ Petition No.6508 of 2018
indicates that after considering the earlier validity certificates issued to
the paternal uncles of the petitioner therein, the claim of Gayatri - the
petitioner's sister of belonging to 'Mana' Scheduled Tribe was accepted. It
is also seen from the record that the adjudication of the Scrutiny
Committee in those proceedings was pursuant to obtaining a report of the
Vigilance Cell. Since the petitioner is the younger sister of the petitioner
in Writ Petition No.6508 of 2018, we find that the petitioner would be
entitled to similar relief.
WP 4869-21 3 Judgment
6. Hence, in view of the adjudication in Writ Petition No.6508 of
2018 the Scrutiny Committee is directed to issue a validity certificate to
the petitioner of belonging to 'Mana' Scheduled Tribe within a period of
four weeks from the date of production of this order before it. The
petitioner is free to rely upon a copy of this judgment to support her claim
of belonging to 'Mana' Scheduled Tribe and that a direction to issue a
validity certificate has been issued by this Court.
7. Rule is made absolute in aforesaid terms. No costs.
(SMT. M.S. JAWALKAR, J.) (A.S. CHANDURKAR, J.)
APTE
Signed By: Digitally signed
byROHIT DATTATRAYA
APTE
Signing Date:04.02.2022 11:20
