Satyawan Laxman Ratul vs The State Of Maharashtra Dept Of Tribal ...
2023 Latest Caselaw 12560 Bom

Bombay High Court

Satyawan Laxman Ratul vs The State Of Maharashtra Dept Of Tribal ... on 11 December, 2023

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

2023:BHC-AS:38218-DB


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                               WRIT PETITION NO.3434 OF 2023
            Satyawan s/o Laxman Ratul,                              }
            Age-55 years, Occ. Service,                             }
            R/o At & Post-Pinguli,                                  }
            Tq. Kudal, Dist. Sindhudurg.                            } .. Petitioner
                        Vs.
            1.   The State of Maharashtra                           }
                 Department of Tribal Development,                  }
                 Mantralaya, Mumbai-32.                             }
                 Through its Secretary.                             }

            2.     The Scheduled Tribe Certificate Scrutiny         }
                   Committee, Konkan Division, Thane,               }
                   Dist. Thane.                                     }
                   Through its Member Secretary.                    }

            3.     The Education Officer (Secondary),               }
                   Zilla Parishad, Sindhudurg,                      }
                   Tq. & Dist. Sindhudurg.                          }

            4.     The Chairman,                                    }
                   Aronda Panchkroshi Shikshan Prasarak             }
                   Mandal, Aronda's                                 }
                   Aronda High School, Aronda,                      }
                   Tq. Sawantwadi, Dist. Sindhudurg.                }.. Respondents


                                            ...
            Mr. S.C. Yeramwar for the Petitioner.
            Mr. R.P. Kadam, AGP for the Respondent-State.
                                            ...

                           CORAM :            A.S. CHANDURKAR &
                                             FIRDOSH P. POONIWALLA, JJ
                            DATE         :   11TH DECEMBER, 2023.
            ORAL JUDGMENT : (PER : A.S. CHANDURKAR,J)

1. Rule. Rule is made returnable forthwith and heard learned

counsel for the parties.

2. Challenge raised in this Writ Petition is to the order dated

40-WP-3434-23-judgment.doc Rameshwar Dilwale 20/02/2023 invalidating the Petitioner's claim of belonging to

Thakar Scheduled Tribe. Inter alia, it is submitted by the

learned counsel for the Petitioner i.e. two blood relatives

Narayan Vinayak Ratul and Rohan Digambar Ratul have been

issued validity certificate, pursuant to adjudication by this Court.

After noticing this aspect on 09/06/2023, the learned Assistant

Government Pleader was directed to verify as to whether these

judgments were subjected to any further challenge. Time was

accordingly granted. Further time was granted by the order

dated 04/12/2023. Today, it is informed that as of date such

challenge has not been raised.

3. Perusal of the validity certificates placed on record

indicates that Narayan and Rohan are blood relatives of the

Petitioner. The documents sought to be relied upon by the

Petitioner herein were also relied upon by the said Petitioners

after which validity certificate was granted. Thus, by following

the ratio of the decision in Apoorva Vinay Nichale V/s

Divisional Caste Scrutiny Committee & Ors.1, we find that

the Petitioner is entitled to benefit of the aforesaid adjudication.

4. Hence, for the reasons recorded in the Judgments delivered

in Writ Petition No.13551 of 2022 and 15122 of 2022, the order

passed by the Scrutiny Committee is set aside. It is declared

that the Petitioner has proved his case as belonging to Thakar 1 2010 (6) MHLJ 401

40-WP-3434-23-judgment.doc Rameshwar Dilwale Scheduled Tribe. Within a period of four weeks of receiving copy

of this Judgment, the Scrutiny Committee shall issue the validity

certificate to the Petitioner. Needless to state that in case the

aforesaid Judgments are reversed, the consequences insofar as

the present Petitioner is concerned, would also follow.

5. Rule is made absolute in the aforesaid terms.

[ FIRDOSH P. POONIWALLA, J] [A.S. CHANDURKAR, J. ]

Signed by: Rameshwar L. Dilwale

40-WP-3434-23-judgment.doc Designation: PA To Honourable Judge Dilwale Rameshwar Date: 19/12/2023 09:41:34