Soujanya Chandrakant Padalwar vs Scheduled Tribe Certificate ...
2022 Latest Caselaw 904 Bom

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                      WRIT PETITION NO. 1258 OF 2022

          Soujanya Chandrakant Padalwar                     ..   Petitioner

                   Versus

          The Scheduled Tribe Certificate
          Scrutiny Committee and others                     ..   Respondents

 Shri Umesh Gite, Advocate h/f Shri Mahesh S. Deshmukh,
 Advocate for the Petitioner.
 Shri P. S. Patil, Addl.G.P. for Respondent Nos. 1 and 2.

                           CORAM :     S. V. GANGAPURWALA AND
                                       S. G. DIGE, JJ.

DATE : 25TH JANUARY, 2022.

FINAL ORDER :

. The caste claim of the petitioner as belonging to the 'Mannervarlu' (Scheduled Tribe) is rejected.

2. Amongst other submissions, one of the submission made by the learned advocate for the petitioner is that caste claim of the real sister of the petitioner namely Sneha D/o Chandrakant was also invalidated by the Committee. She filed Writ Petition No. 10378 of 2017 before the Principal Seat at Bombay. The Division Bench of this Court at Principal Seat at Bombay under judgment and order dated October 04, 2017 directed the Committee to issue validity certificate to her by setting aside the judgment of the Committee. The learned counsel submits that, there are

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other paternal relatives who are issued with the validity certificates by the Committee.

3. The learned Additional Government Pleader for the respondent/Committee submits that, the Committee has sent the proposal for review of the judgment and order dated October 04, 2017 delivered in Writ Petition No. 10378 of 2017 at the Principal Seat at Bombay. Show cause notices are also issued to the validity holders relied by the petitioner. There are contra entries on record which are not brought to the notice of the Court earlier.

4. It is not disputed that the brother of the petitioner is issued with the validity certificate by the Committee. The real sister of the petitioner namely Sneha has been issued with the validity certificate under the order dated October 04, 2017 passed by the Division Bench of this Court at Principal Seat at Bombay in Writ Petition No. 10378 of 2017.

5. Considering the above and for the reasons recorded under judgment and order dated October 04, 2017 in Writ Petition No. 10378 of 2017, we follow the same course and pass following order.

6. The Committee shall issue validity certificate to the petitioner of Mannervarlu (S. T.). The said validity certificate shall be subject to the decision that may be taken by the

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Committee in the proceedings reopened of the validity holders relied by the petitioner. So also would be subject to the decision that would be taken by the Court at Principal Seat at Bombay in the review petition that would be filed by the Committee against the judgment and order dated October 04, 2017 in Writ Petition No. 10378 of 2017.

7. In case there is no any other impediment, the university may return the documents to the petitioner as is permissible.

8. In the light of the above, the writ petition is disposed of. No costs.

       [S. G. DIGE, J.]               [S. V. GANGAPURWALA, J.]

 bsb/Jan.22