Bombay High Court
Sahil S/O Dayaram Kakade, Through ... vs Scheduled Tribe Caste ... on 12 July, 2022
Bench: S.B. Shukre, G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION 3372 OF 2020
Sahil s/o.Dayaram Kakade,
Aged about 17 years, Occ. Student,
through natural guardian father
Shri Dayaram s/o.Sheraoji Kakade,
aged about 56 yrs, Occ. Service,
r/o. Rajeshwar Nagar, Deomaili,
Paratwada, District Amravati PETITIONER
...V E R S U S...
1. The Scheduled Tribe Caste
Certificate Scrutiny Committee,
through its Member Secretary and
Deputy Director, Near Irwin Chowk,
Morshi Road, Amravati
2. State Common Entrance Test Cell,
8th Floor, New Excelsior Building,
A.K. Nayak Marg, Fort, Mumbai-01
through its Director
3. Directorate of Medical Education and
Research, through its Directorate
(Education), Government Dental College
and Hospital Compound, New V.T.
Mumbai 400 001
4. Vidarbha Youth Welfare Society's
Dental College and Hospital,
Amravati, Tahsil District Amravati
through its Principal
5. Maharashtra University of Health ....(Added as per
Sciences, Nashik through its Court order dtd.
Registrar, Dindori Road, Mhasrul, 23.2.2022).
Nashik - 422 001 ...RESPONDENTS
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Mr. Ashwin Deshpande, Advocate for petitioner.
Mr. A.S. Fulzele, Addl. Government Pleader for
respondent Nos.1 & 3.
Mr. R.D. Bhuibhar, Advocate for respondent No. 4.
Mr. V.P. Panpaliya, Advocate for respondent No.5.
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CORAM : SUNIL B. SHUKRE AND
G.A. SANAP, JJ.
DATE : 12.07.2022
Oral Judgment :(Per : Sunil B. Shukre, J.)
Heard.
2. Rule. Rule made returnable forthwith. Heard
finally with consent of the parties.
3. It is not in dispute that there exist two validities in
the paternal family of the petitioner, one in favour of
Mr. Bhaktaraj Sheshrao Kakade issued to him on 22.2.2013
(Page No.68) and the other issued to Ms. Shweta Dayaram
Kakade on 19.7.2019 (Page No. 69). Mr. Bhaktaraj Kakade
who holds the validity certificate granted to him by Caste
Scrutiny Committee,Amravati is to the effect that he belongs to
Halbi, Scheduled Tribe and he is paternal uncle of the petitioner
and Ms. Shweta who also holds the validity certificate granted
to her by Caste Scrutiny Committee, Amravati as she belonging
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to Halbi, Scheduled Tribe is a real sister of the petitioner. This
validity granted to Mr. Bhaktaraj Kakde is challenged by the
State of Maharashtra before the Hon'ble Apex Court and
Special Leave Petition is pending in which, as informed by
learned counsel for the petitioner, no stay to the validity
certificate has been granted by the Hon'ble Apex Court. Validity
granted to real sister of the petitioner, however, has not been
challenged by the State of Maharashtra before the Hon'ble Apex
Court. As informed by the learned counsel for the petitioner,
the validity granted to real sister of the petitioner has attended
finality.
4. Considering the above referred facts, it would be
unjust and unreasonable on the part of the Scrutiny Committed
to deny same benefit to the petitioner as was granted to his
blood relatives from the paternal side. We are therefore,
inclined to allow this petition.
5. The petition is allowed. The impugned order is
quashed and set aside.
6. The Scheduled Tribe Certificate Scrutiny
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Committee, Amravati Division, Amravati is directed to grant
provisional validity certificate to the petitioner that he is
"Halbi" Scheduled Tribe person subject to the result of Special
Leave Petition No. 12807/2013, within a period of two weeks
from the date of the receipt of the order.
7. Respondent Nos. 4 and 5 to act on the basis of the
provisional validity certificate and allow the petitioner to
complete his further education, accordingly.
(G.A. SANAP, J.) (SUNIL B. SHUKRE, J.)
belkhede
Digitally Signed By:BELKHEDE
RAVINDRA SURESHRAO
P.A. to the Hon'ble Judge
Signing Date:13.07.2022 14:53
