Swapnil S/O Mukesh Pinjarkar vs The Deputy Director / Member ...
2022 Latest Caselaw 11060 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH : NAGPUR
                      WRIT PETITION (WP) NO. 3503/2021
         Swapnil S/o Mukesh Pinjarkar,
         aged about 29 years, Occ. Service,
         R/o Ravi Nagar, Nagpur.
         C-40, RBI Staff Quarters
         "Gulmohar" Ravi Nagar
         Bharat Nagar Square Nagpur                              ..... PETITIONER

                                     // VERSUS //

1.       The Deputy Director / Member
         Secretary, Scheduled Tribe Caste
         Scrutiny Committee, Amravati.

2.       The General Manager,
         Reserve Bank of India,
         Human Resources Management
         Department, Dr. Raghavendra Rao
         Road, Civil Lines, Nagpur.                          .... RESPONDENT(S)

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Mr. S.P. Palshikar, Advocate for the petitioner Smt. Sangeeta Jachak, Assistant Public Prosecutor for respondent no. 1 Mr. R.M. Bhangde, Advocate for respondent no. 2

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CORAM : A.S. CHANDURKAR AND M. W. CHANDWANI, J.J.

DATED : 19/10/2022

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

Rule. Rule made returnable forthwith. Heard the learned

counsel for the parties.

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

passed by Scheduled Tribe Caste Scrutiny Committee, Amravati

(for short, the "Scrutiny Committee") on 11.08.2021 thereby

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invalidating the tribe claim of the petitioner of belonging to "Raj

Scheduled Tribe".

3. The petitioner by referring to the family tree that was placed

before the Vigilance Cell submits that various blood relatives of the

petitioner have been issued validity certificates pursuant to the

adjudication of Writ Petition No. 5384/2019 ( Ram s/o Balkrushna

Pinjarkar and ors. Vs. The Scheduled Tribes Caste Certificate Scrutiny

Committee and ors.), Writ Petition No. 5385/2019 (Shyam s/o

Balkrushna Pinjarkar Vs. The Scheduled Tribes Caste Certificate Scrutiny

Committee and ors.), Writ Petition No. 1330/2022 (Deepak S/o

Ramkrishan Pinjarkar and ors. Vs. Scheduled Tribe Caste Scrutiny

Committee and ors.) and Writ Petition No. 3128/2022 ( Gauri d/o

Deepak Pinjarkar Vs. Scheduled Tribe Caste Scrutiny Committee and

ors.). The aforesaid writ petitions were filed by the petitioner's paternal

cousin as well as his aunt. It is submitted that since the petitioner is

relying upon the same documents that were considered by the Scrutiny

Committee in the earlier writ petitions, by applying ratio of the decision

in Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny

Committee No.1 & others [2010(6) Mh.L.J. 401] , the petitioner is also

entitled to be issued a validity certificate.

4. The learned Assistant Government Pleader for respondent

no. 1 supported the order passed by the Scrutiny Committee. She

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however has not disputed the earlier adjudication in the aforesaid writ

petitions. It is submitted that the Scrutiny Committee intends to

challenge the decision of this Court in Writ Petition No. 1330/2022.

5. We find from the Puris placed on record that pursuant to the

adjudication of the aforesaid writ petitions, the Scrutiny Committee has

issued validity certificates to those petitioners. The relationship of the

petitioner with the parties to whom such validity certificates have been

issued is not in dispute. They all belong to the same larger family and

similar documents are sought to be relied upon. In the light of the

decision in Apoorva d/o Vinay Nichale (supra), the petitioner is entitled

for the benefit of adjudication of the claim of his blood relatives.

6. Hence for the reasons recorded in the judgments in Writ

Petition Nos. 5384/2019, 5385/2019, 1330/2022 and 3128/2022

referred to hereinabove, the following order is passed:-

             (i)     The writ petition is allowed.

             (ii)    The order dated 11.08.2021 passed by the Scrutiny

             Committee is set aside.

(iii) It is declared that the petitioner belongs to "Raj

Scheduled Tribe" which is entry No. 18 in the Constitution

(Scheduled Tribes) Order, 1950.

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(iv) The Scrutiny Committee shall issue the validity

certificate to the petitioner within a period of six weeks

from today.

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

as to costs.

(M. W. CHANDWANI, J.) (A. S. CHANDURKAR, J.)

Personal Assistant to the Hon'ble Judge Digitally signed SANDIP by SANDIP MAHADEV MAHADEV GATE GATE Date:

2022.10.21 16:54:40 +0530

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