Atharv Gajanan Chavan U/G Of ... vs The State Of Maharashtra Through ...
2023 Latest Caselaw 5513 Bom

                                           --1-              952-wp-6234-23

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD


               952 WRIT PETITION NO.6234 OF 2023


         Atharv s/o Gajanan Chavan
         Age - 17 years (Minor), Occ.
         Student, U/g. Of mother, viz.
         Meena w/o Gajanan Chavan,
         Age - 46 years, Occ. Service,
         R/o House Noo. 649, CIDCO, N-5,
         Arunoday Colony, Aurangabad,
         Tq. and Dist. Aurangabad       ...               Petitioner


     Versus


     1. The State of Maharashtra
        Department of Tribal Development,
        Mantralaya, Mumbai - 32.
        Through its Secretary.

     2. The Scheduled Tribe Certifcate
        Scrutiny Committee,
        Aurangabad Division, Aurangabad,
        Tq. & Dist. Aurangabad.
        Through its Member Secretary. ...                   Respondents

                                       ...

       Advocate for Petitioner : Mr. Yeramwar Sushant C.
      Addl.GP for Respondent-State : Mrs. M. A. Deshpande
                                ...

                      CORAM : MANGESH S. PATIL &
                              S. G. CHAPALGAONKAR, JJ.

                      DATE     :   13 JUNE 2023





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     ORAL JUDGMENT :-

     01.     Rule.             The learned AGP waives notice for

respondent Nos.1 and 2. Rule is made returnable

forthwith. Heard fnally with consent of the parties.

02. The petitioner claims to be belonging to 'Thakur'

Scheduled Tribe. He has submitted an online proposal

with the respondent No. 2 -Scrutiny Committee at

Aurangabad and according to the learned Advocate,

despite the petitioner along with his mother having

visited the ofce of respondent No.2, it refused to

entertain his proposal on the ground of migration.

03. Without indulging in any further discussion,

sufce for the purpose to observe that the real brother

of the petitioner by name Chinmay Gajanan Chavan

was before this Court in Writ Petition No. 202/2020.

Even in that matter, it was the same respondent No.2 -

Scrutiny Committee. By the judgment and order dated

29.03.2022 after detail scrutiny and on merits, this

Court issued following directions :

                                             --3-               952-wp-6234-23

     "(i)    Writ petition is allowed in terms of prayer clauses
             'A' and 'B' .
     (ii)    The Respondent No. 2 Scrutiny Committee is

hereby directed to issue Caste Validity Certifcate in favour of the petitioner as "Thakur" Scheduled Tribe by 11.00 a.m. tomorrow.

(iii) Rule is made absolute in above terms.

(iv) Writ Petition accordingly stands disposed of.

(v) Learned AGP to convey the order for information and compliance.

(vi) Parties to act on an authenticated copy of this Judgment".

Since the issue regarding migration as well as

entitlement to have a validity certifcate by Chinmay

Gajanan Chavan has been considered by this Court on

merits, even the petitioner would be entitled to get his

claim scrutinized by the respondent No.2 -Scrutiny

Committee.

04. The petition is allowed in following terms :

The respondent No. 2 - Scrutiny Committee shall

accept the proposal of the petitioner for Tribe

Validation and decide the same as expeditiously as

possible and in any event within two weeks from

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today, in view of the decision of this Court in the case

of his brother Chinmay Gajanan Chavan.

5. Rule is made absolute in the abovesaid terms.

     (S.G.CHAPALGAONKAR)              (MANGESH S. PATIL)
           JUDGE                            JUDGE


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