Sanjay S/O Tikadas vs The Scheduled Tribe Caste ...
2023 Latest Caselaw 2184 Bom

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                                               6-3-2023-WP-4483-2021.odt

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

               Writ Petition No.4483 of 2021

Sanjay S/o Tikadas Ninawe,
Aged 47 years,
Occupation : Service as Pharmacist
in Sir JJ Hospital Group,
R/o Sir JJ Hospital Campus,
Byculla, Mumbai 400 008.                               ... Petitioner

      Versus

1.    The Scheduled Tribe Caste Certificate
      Scrutiny Committee,
      Complex Area, Gadchiroli,
      through its Member Secretary,
      Tq. District Gadchiroli.

2.    The Dean,
      Sir JJ Group of Hospitals,
      Byculla, Mumbai 400 008.                         ... Respondents


Shri R.S. Parsodkar, Advocate for Petitioner.
Ms N.P. Mehta, Assistant Government Pleader for Respondent No.1.

        CORAM : A.S. CHANDURKAR AND M.W. CHANDWANI, JJ.

DATE : 6th MARCH, 2023

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

1. Rule. Rule is made returnable forthwith. Heard finally by

consent of the learned counsel appearing for the parties.

2. The challenge raised in this Writ Petition is to the order

dated 14-9-2021 passed by the respondent No.1- Scrutiny Committee

thereby invalidating the tribe claim of the petitioner as belonging to

6-3-2023-WP-4483-2021.odt

'Halba' Scheduled Tribe.

3. It is submitted by the learned counsel for the petitioner that

the tribe claim of the petitioner's sister Ku. Jyoti was invalidated by the

Scrutiny Committee by an order passed on the same day. The said

order was challenged by the petitioner's sister in Writ Petition

No.4469 of 2021 (Ku. Jyoti d/o Tikadas Ninawe Vs. The Scheduled

Tribe Caste Certificate Scrutiny Committee and another ) decided on

10-2-2023. After considering the same documents that are relied

upon by the petitioner herein, this Court set aside the order passed by

the Scrutiny Committee and declared the petitioner's sister as

belonging to 'Halba' Scheduled Tribe.

4. On perusing the impugned order, which is also

dated 14-9-2021, we find reference to the petitioner's sister in Para 2

of the impugned order. Considering the fact that the petitioner's sister

had relied upon the same documents, we are of the view that in the

light of the judgment dated 10-2-2023 passed by this Court, the

petitioner would be entitled to a similar relief, especially in the light of

the decision of this Court in Apporva d/o Vinay Nichale Vs. Divisional

Caste Certificate Scrutiny Committee No.1, Sadar, Nagpur and others ,

reported in (2010) 6 Mh.L.J. 401.

6-3-2023-WP-4483-2021.odt

5. Hence, for the reasons recorded in the judgment in Writ

Petition No.4469 of 2021 dated 10-2-2023, the following order is

passed :

                                      (i)     The Writ Petition is allowed.



                                      (ii)    The order passed by the respondent No.1- Scrutiny

                                      Committee on 14-9-2021 is set aside.

(iii) It is declared that the petitioner belongs to 'Halba'

Scheduled Tribe.

(iv) The Scrutiny Committee shall issue a validity

certificate to the petitioner within a period of four weeks from

the date of receipt of the order.

6. Rule is made absolute in above terms. No order as to costs.

(M.W. CHANDWANI, J.) (A.S. CHANDURKAR, J.) Lanjewar

Digitally Signed By :P D LANJEWAR Signing Date:08.03.2023 15:06