Swati D/O Rambhau Nannaware vs S. T. Certificate Scrutiny ...
2023 Latest Caselaw 6412 Bom

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


                                WRIT PETITION NO. 478/2023


      Swati d/o. Rambhau Nannaware,
      Aged about 31 years, Occupation : Education,
      R/o. Gardapar, Post : Mahalgaon,
      Tq. Chimur, Dist. Chandrapur.                ----PETITIONER

                --VERSUS--
1.    Scheduled Tribe Certificate Scrutiny
      Committee, Gadchiroli, Through its
      Chairman, Committee for Scheduled Tribe
      Claims, Gadchiroli, Office at Zilla Parishad
      Sankul, Gadchiroli, Tq. & Dist. Gadchiroli.

2.    State of Maharashtra, through its Secretary,
      Tribal Development Department, Mantralaya,
      Mumbai - 32.

3.    The Registrar,
      Maharashtra State Board of Technical
      Education (MSBTE) Mumbai,
      Kharwadi, Aliyawar Jung Marg, Bandra (E),
      Mumbai 400 051
4.    Principal,
      Shree Yash Polytechnic, Aurangabad,
      Office at Gat No.258 (P), Post Box No.586
      Satara, Tandavan, Beed Bye-pass,
      Aurangabad - 431005 (M.S.)
5.    The Sub-Divisional Officer, Chimur,
      Tahsil Chimur, District Chandrapur.                  ----RESPONDENTS


Mr. P. P. Dhok, Advocate for Petitioner.
Ms. N. P. Mehta, Assistant Government Pleader for Respondent Nos.1, 2 and
5/State.
Mr. P. R. Puri, Advocate for Respondent No.3.




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       CORAM : A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : JULY 06, 2023

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

1. Rule. Rule made returnable forthwith and heard finally with

consent of the learned Counsel for the parties.

2. The petitioner claims to be belonging to 'Mana' Scheduled

Tribe. Her claim is pending with the Scrutiny Committee. The petitioner

has prosecuted her Education at the respondent No.4 - College, that is

affiliated to the respondent no.3 - Board. In this backdrop, the petitioner

has prayed that the Scrutiny Committee be directed to decide her tribe

claim within a specified period especially, as her father has been issued

Validity Certificate.

3. Since the claim of the petitioner is pending with the Scrutiny

Committee, coupled with the fact there is a Validity Certificate issued to

her father, the Scrutiny Committee is directed to decide the claim of the

petitioner within a period of six months from the date of the petitioner's

appearance before the Scrutiny Committee.

4. The petitioner shall appear before the Scrutiny Committee on

24.07.2023. The claim shall be decided in accordance with the procedure

prescribed after giving an opportunity to the petitioner.

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5. Subject to the outcome of the process of verification, the

respondent Nos.3 and 4 shall undertake further consequential steps in

accordance with law.

6. It is informed that the petitioner is presently employed on

compassionate basis as Binding Assistant at Government Printing Press,

Pune. Till the claim of the petitioner is finally decided, her services shall

not be disturbed for want of Validity Certificate.

7. Rule is disposed of in aforesaid terms. Civil application is also

disposed of. No costs.

(MRS.VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)

RGurnule