Bombay High Court
Vaishnavi D/O Narendra Pawar vs The Schedulted Tribe Certificate ... on 14 July, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5403 OF 2021
Vaishnavi Narendra Pawar, Aged about
25 years, Occup. Student, R/p
Pawasale Lay-Out, Near Zabaji
Maharaj Mandir, Akola 444004, Tq.
And Dist. Akola. Petitioner
-Vs.-
The Scheduled Tribe Certificate
Scrutiny Committee, Amravati,
through it's Member Secretary, Having
it's address at Amravati, Tq. And
Dist.Amravati. Respondent
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Mr.P.R.Parsodkar, counsel for the petitioner
Mr.A.A.Madiwale, AGP for respondent.
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CORAM:A.S.CHANDURKAR AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 14th July, 2023
ORAL J U D G M E N T (Per : A.S.Chandurkar, J.)
Heard.
2. Rule. Rule made returnable forthwith. Heard finally by
consent of the learned counsel appearing for the parties.
3. The challenge raised is to the judgment of the Scrutiny
Committee dated 03.08.2021 invalidating the petitioner's claim of
belonging to 'Thakur' Scheduled Tribe.
Kavita
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4. After hearing the learned counsel for the petitioner as
well as the learned Assistant Government Pleader, we find on
perusal of the family tree that has been prepared by the Vigilance
Cell that various blood relatives of the petitioner have been issued
validity certificates. The petitioner's cousins Anurag Gajendra
Pawar and Ashutosh Gajendra Pawar had approached this Court in
Writ Petition No.6670 of 2022 and by judgment dated
01.12.2022, (Anurag Gajendra Pawar and ors Vs. The Scheduled
Tribe Caste Certificate Scrutiny Committee and anr.), the claim of
belonging to 'Thakur' Scheduled Tribe was upheld. Similarly,
petitioner's uncle Rajendra Namdev Pawar had preferred Writ
Petition 4718 of 2021 (Rajendra Namdev Pawar and anr. Vs.State
of Maharashtra through its Secretary, and ors.), which was also
allowed on 19.01.2023. The petitioner's cousin, who had filed
Writ Petition No.3041 of 2021 (Pavan Bhikaji Pawar Vs.The Vice-
Chairman/Member-Secretary) has also been declared as belonging
to 'Thakur' Scheduled Tribe. A certificate of validity has also been
issued to another cousin brother, Ganesh Prabhakar Pawar.
5. In the light of aforesaid adjudication, we find that the
petitioner is entitled for the benefit of the decision in Apoorva
Kavita
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Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee
No.l and others [2010(6) Mh.L.J.401].
6. Hence, by adopting the reasons assigned in aforesaid
decisions, the order passed by the Scrutiny Committee dated
03.08.2021 is set aside. It is declared that the petitioner has
proved that he belongs to 'Thakur' Scheduled Tribe. Within a
period of two weeks of receiving copy of the judgment, the
Scrutiny Committee shall issue validity certificate in favour of the
petitioner.
7. Rule is made absolute in the afore-stated terms. No
order as to costs.
(MRS.VRUSHALI V. JOSHI, J) (A.S.CHANDURKAR,J)
Kavita
