Muskan D/O Naser Shah (Being Minor ... vs State Of Maha., Thr. Secretary, ...
2022 Latest Caselaw 11893 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH AT NAGPUR

                        WRIT PETITION NO.4612/2022

     Muskan d/o Naser Shah,
     (Being minor through her father
     Natural Guardian Naser Mustafa Shah,
     aged about 57 years, Occ. Service,
     r/o c/o N. M. Shah, Quarter No. 6/1/3,
     Koradi Thermal Power Station,
     Koradi Colony - 441111                 .....PETITIONER
                              ...V E R S U S...

1. The State of Maharashtra
   through its Secretary,
   Tribal Welfare Department,
   Mantralaya, Mumbai - 32.

2. District Caste Verification and
     Scrutiny Committee, Amravati
     Division, Amravati through its
     Chairman/Member.                                        ...RESPONDENTS
-------------------------------------------------------------------------------------------
Mr. S. S. Dhengale, Advocate for petitioner.
Ms N. P. Mehta, Assistant Government Pleader for respondents.
-------------------------------------------------------------------------------------------

CORAM:- A. S. CHANDURKAR & ANIL L. PANSARE, JJ.

DATED :- 21.11.2022

ORAL JUDGMENT (Per: A. S. Chandurkar, J.)

Rule. Rule is made returnable forthwith. Heard finally

by consent of learned counsel for the parties.

2. The challenge raised in this writ petition is to the order

passed by Scrutiny Committee on 31.05.2022, invalidating tribe

claim of petitioner of belonging to Chhparband-Vimukta Jati (A).

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3. It is submitted by the learned counsel for the petitioner

that the petitioner's real sister Khushbu was also faced with an

adverse order invalidating her tribe claim. That order was

challenged in Writ Petition No.7967/2019. By the judgment dated

05.11.2020, this Court set aside the order passed by the Scrutiny

Committee and directed the issuance of validity certificate to the

said petitioner. Pursuant thereto, the Scrutiny Committee has on

09.11.2020 granted said validity certificate. It is thus submitted

that by following the law laid down in Writ Petition

No.7967/2019 (supra) and Apoorva d/o Vinay Nichale Vs.

Divisional Caste Certificate Scrutiny Committee No.1 and Others1,

the petitioner is also entitled for validity certificate.

4. Learned Assistant Government Pleader for the

respondents however submitted that in paragraph 3 (10) of the

order passed by the Scrutiny Committee, it was proposed to seek

reconsideration of the judgment of this Court in the case of

petitioner therein. For that reason, it is submitted that the present

proceeding be deferred until the decision in this regard is taken.

5. On 18.10.2022, this Court directed the learned

Assistant Government Pleader to indicate the progress in the said

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matter as regards the opinion from the Law and Judiciary

Department. Today, learned Assistant Government Pleader

submits that the said process is still underway and definite

decision is yet to be taken.

6. Learned counsel for the petitioner submits that the

petitioner desires to prosecute her studies and hence this Court

may consider validity certificate issued to her sister.

7. It is not disputed that by judgment dated 05.11.2020,

this Court allowed the writ petition preferred by the petitioner's

sister. The direction was issued to grant her validity certificate.

This judgment was placed before the Scrutiny Committee, which

has referred to the same in paragraph no.3 (10) of the impugned

order. We, however, find that the real sister of the petitioner

having been issued validity certificate, the ratio of the decision in

Apoorva's case (supra) would be applicable. This would be

notwithstanding the right of the respondents to seek review of the

earlier adjudication.

8. Hence, for the reasons recorded in judgment dated

05.11.2020 being Writ Petition No.7967/2019, the following order

is passed.

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(i)           Order of the Scrutiny Committee dated 31.05.2022 is

set aside.

(ii)          It   is   declared   that   the      petitioner     belongs         to

Chhaparband - Vimukta Jati (A). The Scrutiny Committee shall,

within a period of two weeks from today, issue a validity

certificate to the petitioner.

(iii) It is clarified that this adjudication is granted subject to

any further orders passed with regard to Writ Petition

No.7967/2019.

Rule is made absolute in the above terms. No order as

to costs.

(Anil L. Pansare, J.) (A. S. Chandurkar, J.)

kahale

Digitally signed byYOGESH ARVIND KAHALE Signing Date:23.11.2022 19:13