Bombay High Court
Ashwini Naresh Shinde vs The State Of Maharashtra Thr Its ... on 13 July, 2023
Bench: Mangesh S. Patil, Shailesh P. Brahme
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2469 OF 2021
Ashwini d/o Naresh Shinde,
Age - 28 years, Occ. Student,
R/o A/p Pethwadaj, Tq. Kandhar,
Dist. Nanded. .. Petitioner
Versus
1. The State of Maharashtra,
Department of Tribal Development,
Mantralaya, Mumbai - 32.
Through its Secretary.
2. The Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad Division,
Aurangabad,
Through its Member Secretary. .. Respondents
WITH
WRIT PETITION NO. 2468 OF 2021
Ramesh S/o Dasrao Shinde,
Age - 48 years, Occ. Service,
R/o A/p Pethwadaj, Tq. Kandhar,
Dist. Nanded. .. Petitioner
Versus
1. The State of Maharashtra,
Department of Tribal Development,
Mantralaya, Mumbai - 32.
Through its Secretary.
2. The Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad Division,
Aurangabad,
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Through its Member Secretary.
3. The Chief Executive Officer,
Zilla Parishad, Nanded. .. Respondents
WITH
WRIT PETITION NO. 2470 OF 2021
Rohini d/o Ramesh Shinde,
Age - 21 years, Occ. Student,
R/o A/p Pethwadaj, Tq. Kandhar,
Dist. Nanded. .. Petitioner
Versus
1. The State of Maharashtra,
Department of Tribal Development,
Mantralaya, Mumbai - 32.
Through its Secretary.
2. The Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad Division,
Aurangabad,
Through its Member Secretary. .. Respondents
WITH
WRIT PETITION NO. 2471 OF 2021
Gajanan s/o Dasrao Shinde,
Age - 44 years, Occ. Service,
R/o A/p Pethwadaj, Tq. Kandhar,
Dist. Nanded. .. Petitioner
Versus
1. The State of Maharashtra,
Department of Tribal Development,
Mantralaya, Mumbai - 32.
Through its Secretary.
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2. The Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad Division,
Aurangabad,
Through its Member Secretary.
3. The Chief Executive Officer,
Zilla Parishad, Nanded. .. Respondents
Shri Sushant C. Yeramwar, Advocate for the Petitioner in all
matters.
Shri S. G. Sangle, A.G.P. for the Respondent Nos. 1 and 2 in all
matters.
Shri S. B. Pulkundwar, Advocate for the Respondent No. 3 in W.
P. No. 2468 of 2021 and W. P. No. 2471 of 2021
CORAM : MANGESH S. PATIL AND
SHAILESH P. BRAHME, JJ.
DATE : 13 JULY 2023.
FINAL ORDER :
. Heard learned advocate for the petitioners and the learned
Assistant Government Pleader finally in all four matters.
2. The petitioners are challenging the order passed by the
respondent/Scrutiny Committee in proceedings under Section 7
of the Maharashtra Scheduled Castes, Scheduled Tribes, De-
Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other
Backward Classes and Special Backward Category (Regulation of
Issuance and Verification of) Caste Certificate Act, 2000,
whereby, by a common judgment and order, their claims as
belonging to 'Thakur' (Scheduled Tribe) have been turned down.
3. It transpires that in fact it was a common order in respect
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of these four petitioners and one Gaurav Gajanan Shinde, Vijay
Naresh Shinde and Devidas Ramesh Shinde. In view of the then
exigencies being demonstrated, by a common order petitions of
Gaurav Gajanan Shinde and Devidas Ramesh Shinde bearing
Writ Petition No. 2465 of 2021 and Writ Petition No. 2467 of
2021 were decided by this Court on 03 December 2021, whereas
writ petition of Vijay Naresh Shinde bearing Writ Petition No.
2466 of 2021 was decided on 08 December 2021.
4. The very fact that all these claims of seven individuals
were considered together and decided by common order depicts
that there was no dispute as far as they being blood relatives
inter se from paternal side. Common material and evidence was
discussed and the order was passed.
5. We emphasize aforesaid mentioned fact for the simple
reason that this Court was called upon to and has considered
merits of the self same common order and has allowed writ
petitions of Gaurav Gajanan Shinde, Vijay Naresh Shinde and
Devidas Ramesh Shinde. We cannot take a different view. In
fact, since it is a common order which was under challenge in
earlier three writ petitions there cannot be a separate judgment
by another coordinate bench in respect of few of these individuals
namely the petitioners herein. The reasons given in the orders
passed by this Court in the matters of Gaurav Gajanan Shinde
and Devidas Ramesh Shinde as also Vijay Naresh Shinde will
bind us. We need not therefore go into the other aspects. As the
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Court has granted conditional validity certificates to Gaurav,
Vijay and Devidas, even these petitioners would be entitled to
the same relief obviously conditionally, depending upon the
ultimate decision in the matters to be reopened by the Scrutiny
Committee in respect of validity holders.
6. The writ petitions are allowed partly. The impugned order
is quashed and set aside qua even these four petitioners. The
respondent/Scrutiny Committee shall now issue validity
certificates to the petitioners as belonging to 'Thakur' (Scheduled
Tribe) by 19 July 2023. Such validity certificates would be
subject to the ultimate decision in the matters to be reopened by
the Scrutiny Committee. The petitioners shall not be entitled to
claim equities. The petitioners and their blood relatives shall
cooperate in early decision in the reopened matters. The writ
petitions are disposed of.
[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]
bsb/July 23
