Vedika D/O Sunil Pawar vs The S. T. Caste Certificate ...
2023 Latest Caselaw 3508 Bom

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

                        WRIT PETITION NO. 622 OF 2023


Petitioners                      Ms Vedika d/o Sunil Pawar, aged 18 years, Occ.
                                 Student, R/o Rajmata Nagar, Sundarkhed,
                                 Buldhana.

                                               -Vs.-

Respondent                       The Scheduled Tribe Caste Certificate Scrutiny
                                 Committee, Yavatmal, through its Member
                                 Secretary.

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                      Mr.P.R.Parsodkar, counsel for the Petitioner.
                         Ms N.P.Mehta, AGP for the respondent.
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                                    CORAM :            A. S. CHANDURKAR &
                                                       M.W.CHANDWANI, JJ.

                                    DATE          : 10 APRIL, 2023



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




              Rule.      Rule made returnable forthwith. The petition is heard

finally.

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

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the respondent-Scrutiny Committee on 23/12/2022 invalidating the

petitioner's claim of belonging to "Thakur" Scheduled Tribe.

3. Heard the learned counsel for the parties. It is not in dispute that

the petitioner's uncle Prakash as well as her cousins Pallavi and Aditya have

been held to belong to "Thakur" Scheduled Tribe pursuant to the judgment

of this Court in Writ Petition Nos.6022 and 6457 of 2017. By the judgment

dated 05/03/2019, this Court considered the document dated 22/09/2018

relating to the petitioner's great grandfather Tukaram with the entry

"Thakur". The subsequent entry of the year 1930 as "Bhat" has also been

taken into consideration. After considering all relevant documents, this

Court directed issuance of validity certificate to the petitioner's uncle and

cousins. We find that the petitioner is relying upon very same documents

and therefore, in view of the judgment in Apoorva Vinay Nichale v.

Divisional Caste Certificate Scrutiny Committee No.1 and others, reported in

2010 (6) Mh.L.J. 401, the petitioner would be entitled for the benefit of the

same.

4. Hence, for the reasons recorded in the judgment in Writ Petition

Nos.6022 and 6457 of 2017, it is held that the petitioner has proved that

she belongs to "Thakur" Scheduled Tribe.

5. In view of the above, the writ petition is allowed. The order

passed by the respondent-Scrutiny Committee dated 23/12/2022 is set

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aside. The respondent-Scrutiny Committee shall within a period of four

weeks from the receipt of copy of the judgment issue validity certificate to

the petitioner.

6. Rule is made absolute in the aforesaid terms. No order as to

costs.

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




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