Miss. Janhavi D/O Subhash ... vs Deputy Director And Member ...
2022 Latest Caselaw 9306 Bom

                                    1                    wp4376.2022

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

               WRIT PETITION NO.4376/2022

Miss. Janhavi D/o Subhash Jambhule,
aged about 19 Yrs., Occ. Student,
R/o Plot No.72, Vivekanand Society,
Yavatmal, Tah. & Dist. Yavatmal.                 ...    Petitioner
      - Versus -
Deputy Director & Member Secretary,
The Scheduled Tribe Certificate Scrutiny
Committee, Amravati, opposite of office of
State Information Commission
Chaprashipura, Amravati.                         ...   Respondent


            -----------------
Mr. Ananta Ramteke, Advocate for the Petitioner.
Ms. N.P. Mehta, Assistant Government Pleader for the
Respondent.
           ----------------


            CORAM : SUNIL B. SHUKRE AND
                    G.A. SANAP, JJ.

DATE : 15.9.2022

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Heard. Rule. Rule made returnable forthwith.

Heard finally by consent of learned counsel for the parties.

2 wp4376.2022

2. It is seen from the impugned order that the validity

certificate issued to Madhav Kawduji Jambhule by Nagpur

Scrutiny Committee as he belonging to Mana Scheduled Tribe

has not been considered by the Amravati Caste Scrutiny

Committee on the ground that this validity was granted by

Nagpur Scrutiny Committee on the basis of directions issued by

the Supreme Court of India. The reasoning adopted by the

Scrutiny Committee for rejecting the evidentiary value of validity

certificate granted to Madhav Kawduji Jambhule is very strange.

While the Scrutiny Committee does not dispute petitioners

relationship with Madhav Kawduji Jambhule which relationship

is from the paternal side, the Scrutiny Committee gives no

weightage to the validity certificate on the spacious ground that

the validity was granted on the direction of the Supreme Court

and not upon due consideration of the entire material by the

Nagpur Scrutiny Committee. This way the Scrutiny Committee

of Amravati is trying to suggest that the directions given by the

Supreme Court were not upon due consideration of the relevant 3 wp4376.2022

material placed on record by Madhav Kawduji Jambhule and thus

the present Scrutiny Committee is defying the law laid down by

the Apex Court making it vulnerable to the contempt of Supreme

Court of India. The approach of the present Scrutiny Committee

is deplorable and we denounce the same in strongest term.

3. In our opinion and it is settled law that a validity

certificate granted to a person is conclusive proof of the social

status of that person and if that person is proved to be a relative of

a seeker of validity certificate of the same caste or tribe from the

paternal side, there is no reason why an authority like the Scrutiny

Committee should reject the validity certificate and attach no

evidentiary value to the same.

4. The order of the Scrutiny Committee is, therefore,

illegal and deserves to be quashed and set aside.

4 wp4376.2022

5. The petition is allowed in terms of prayer clauses (i)

and (ii).

6. Compliance shall be made by the Amravati Scrutiny

Committee within a period of three weeks from the date of the

order.

7. Rule is made absolute in the above terms. No costs.

         (G.A. SANAP, J.)               ( SUNIL B. SHUKRE, J.)
                                      5   wp4376.2022




                        Tambaskar.




Signed By:NILESH VILASRAO
TAMBASKAR
Private Secretary
Date:16.09.2022 10:37