Pravin S/O Rukhmaji Nandanwar vs The Scheduled Tribe Certificate ...
2022 Latest Caselaw 3483 Bom

                                                                 934judwp 5225.2021.odt
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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH : NAGPUR

                    WRIT PETITION (WP) NO. 5225/2021

         Pravin S/o Rukhmaji Nandanwar,
         Aged 51 years, Occ: Service,
         R/o Bhadre Layout, Plot No.5,
         Vitthalwadi Road, Yavatmal,
         District: Yavatmal.                                   ..... PETITIONER

                                   // VERSUS //

1.       The Scheduled Tribe Certificate
         Scrutiny Committee, Amravati,
         Through its Member Secretary.

2.       The Executive Engineer,
         Special Project,
         Public Works Department,
         Yavatmal, District: Yavatmal.                     .... RESPONDENT(S)

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Shri R.L. Khapre, Senior Advocate with Shri K.S. Narwade, Advocate for the petitioner Shri Neeraj Patil, Assistant Government Pleader for the respondents/State

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CORAM : A.S. CHANDURKAR AND SMT. M.S. JAWALKAR, J.J.

DATED : 30/03/2022

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

Rule. Rule made returnable forthwith. Heard the learned

counsel for the parties. The learned Assistant Government Pleader

waives service of notice on behalf of the respondents.

SMGate 934judwp 5225.2021.odt

2 The order passed by Scheduled Tribe Certificate Scrutiny

Committee, Amravati dated 02.03.2021 invalidating the tribe claim of

the petitioner of belonging to "Halbi" Scheduled Tribe is under

challenge. Inter alia, it is submitted by Shri R.L. Khapre, learned Senior

Advocate for the petitioner that the Scrutiny Committee took into

consideration various documents without putting the petitioner to notice

and by relying upon those documents the tribe claim of the petitioner

has been invalidated. It is submitted that documents at serial nos. 15 to

28 as referred to in the impugned order dated 02.03.2021 were collected

by the Scrutiny Committee as observed in paragraph 7(a) of the

impugned order and the same were relied upon against the petitioner. It

is submitted that if the petitioner would have got an opportunity to

counter those documents, same could have been explained by him. On

this count, it is submitted that the proceedings require reconsideration

after granting opportunity to the petitioner.

3. Shri Neeraj Patil, learned Assistant Government Pleader for

the respondents supported the impugned order. According to him, since

the petitioner's close relatives were issued those documents and the

same were considered by the Scrutiny Committee no prejudice was

caused to the petitioner. The petitioner had failed to prove his tribe claim

and hence impugned order was rightly passed.

SMGate 934judwp 5225.2021.odt

4. We have heard the learned Counsel for the parties. We have

perused the documents on record. The impugned order in paragraph

7(a) states that the documents at serial nos. 15 to 18 and 20 to 27 were

not disclosed by the petitioner while seeking validity. The same were

called by the Scrutiny Committee and they were considered while

adjudicating the petitioner's claim. The petitioner was not put to notice

that those documents would be considered by the Scrutiny Committee.

We find that such course followed by the Scrutiny Committee was not

permissible. After obtaining those documents, the Scrutiny Committee

ought to have granted an opportunity to the petitioner to explain the

same and thereafter ought to have taken them into consideration.

Reference to those documents has been made for the first time came in

the impugned order. The petitioner has thus been taken by surprise.

Hence on this short ground the order passed by the Scrutiny Committee

is liable to be set aside and the proceedings are required to be re-

adjudicated in accordance with law. In view of the aforesaid, following

order is passed:-

(i) The writ petition is allowed. The order dated

02.03.2021 passed by Scheduled Tribe Certificate Scrutiny

Committee, Amravati is set aside. The proceedings are

remanded for fresh consideration of the petitioner's claim in

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accordance with law.

(ii) The petitioner shall appear before the Scrutiny

Committee on 11.04.2022 to facilitate the process of

adjudication. The claim of the petitioner be decided within

a period of four months from 11.04.2022 on its own merits

and in accordance with law. In case, the Scrutiny

Committee desires to rely upon any fresh documentary

material same shall be served on the petitioner so as to seek

his explanation in that regard.

(iii) As a consequence of setting aside of order dated

02.03.2021 the services of the petitioner shall remain

protected subject to fresh adjudication by the Scrutiny

Committee and the order dated 01.10.2021 as issued by the

respondent no. 2 shall cease to operate.

(iv) All points raised on merits are kept open.

5. Rule is made absolute in the aforesaid terms with no order

as to costs.

6. Civil Application (CAW) No. 698/2022 is also disposed of.

                                      (SMT. M.S.JAWALKAR, J.)                 (A.S.CHANDURKAR, J.)
          Digitally signed
          by SANDIP
SANDIP    MAHADEV            SMGate
MAHADEV   GATE
GATE      Date:
          2022.04.01
          17:33:16 +0530