Bombay High Court
Tannu Surdas Jambhule vs The Scheduled Tribe Certificate ... on 3 October, 2022
Bench: S.B. Shukre, G. A. Sanap
1
03-10-2022-wp-5822-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.5822 OF 2022
Ku. Tannu Surdas Jambhule,
Aged 18 years,
Occupation: Student,
(Candidate- aspirant for admission to
Medical Science Courses),
C/o Smt. Tai Surdas Jambhule,
At Kumbhari, Post- Godhani,
Tah. Umred, Distt. Nagpur,
Kumbhari-441203. ... Petitioner
Versus
The Scheduled Tribe Certificate Scrutiny Committee,
Nagpur,
through its Member Secretary,
Giripeth, Nagpur-440010
Email: [email protected] ... Respondent
Shri S.P. Khare, Advocate for Petitioner.
Shri K.L. Dharmadhikari, Assistant Government Pleader for
Respondent.
CORAM : SUNIL B. SHUKRE & G.A. SANAP, JJ.
DATE : 3rd OCTOBER, 2022
ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :
1. Rule. Rule is made returnable forthwith. Heard finally by
consent of the learned counsel appearing for the parties.
2. The caste validity certificate of Ms Shewta Ramesh Jambhule,
cousin sister of the petitioner, was already available for consideration
by the respondent- Scrutiny Committee, as it was duly verified by the
Scrutiny Committee. Unfortunately, that validity certificate was not
considered by the respondent- Scrutiny Committee. The respondent-
03-10-2022-wp-5822-2022.odt
Scrutiny Committee considered the validity certificate existing in
favour of Ms Kiran Rameshrao Jambhule, another cousin sister of the
petitioner, which validity certificate was granted to her on the basis of
the validity certificate granted to Ms Shewta Ramesh Jambhule.
But the respondent- Scrutiny Committee ignored this validity
certificate on the ground that Ms Kiran Rameshrao Jambhule had not
submitted her affidavit of being related to the petitioner. The reason
given by the respondent- Scrutiny Committee is too technical.
Besides, the respondent- Scrutiny Committee has not exercised due
diligence and care in scrutinizing the tribe claim of the petitioner or
otherwise it could have certainly gone into the validity certificate
issued in favour of Ms Shewta Ramesh Jambhule, which validity
certificate was duly verified for it's existence as well as for establishing
her relationship with the petitioner. Thus, the respondent- Committee
has committed a serious error in law and fact in rejecting the tribe
claim of the petitioner.
3. Considering the fact that already two validity certificates exist
in the family and these validity certificates have been granted to the
cousin sisters of the petitioners from the paternal side, we see no
reason to once again remand the matter to the respondent- Scrutiny
Committee for fresh consideration, except for causing of delay.
We, therefore, find that the petitioner has reasonably established her
03-10-2022-wp-5822-2022.odt
claim, on the basis of the validity certificates granted to her cousin
sisters, that she belongs to 'Mana', Scheduled Tribe.
4. For the reasons stated above, the impugned order
dated 2-9-2022 is declared to be illegal and is accordingly quashed
and set aside. We direct the respondent- Scrutiny Committee to issue
a caste validity certificate to the petitioner as belonging to 'Mana',
Scheduled Tribe, within two weeks from the date of receipt of the
order.
5. Rule accordingly. No costs.
(G.A. SANAP, J.) (SUNIL B. SHUKRE, J.)
Lanjewar
Digitally Signed By :P D
LANJEWAR
Signing Date:04.10.2022
17:10
