Anup S/O Pradip Wankhade And ... vs The Vice-Chairman/Member ...
2023 Latest Caselaw 2568 Bom

WP 1194-2023                                   1                      Judgment

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      NAGPUR BENCH, NAGPUR.
                   WRIT PETITION NO. 1194 OF 2023
1.     Anup s/o Pradip Wankhade,
       aged about 32 years, Occ. Service.

2.     Vishal s/o Pradip Wankhade,
       aged about 35 years, Occ. Student.

       Both are R/o Near Guru Mandir, Karanja,
       District - Washim.
                                                                 PETITIONERS
                                 .....VERSUS.....
The Vice - Chairman/ Member Secretary,
Scheduled Tribe Caste Certificate Scrutiny Committee,
Amravati/ Yavatmal.
                                                                 RESPONDENT

                  Ms. Preeti Rane, Advocate for the petitioners.
     Ms. N.P. Mehta, Assistant Government Pleader for the respondent/ State.


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

DATE : MARCH 16, 2023 ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)

Rule. Rule made returnable forthwith and heard the learned

Counsel for the parties.

2. The petitioners are aggrieved by the order dated 7/9/2021

passed by the Scheduled Tribe Caste Certificate Scrutiny Committee by

which the proceedings for verification of their tribe certificates of

belonging to 'Thakur' Scheduled Tribe has been dismissed on account of

the petitioners' absence before the Scrutiny Committee on 25/6/2021.

WP 1194-2023 2 Judgment

3. Briefly stated, the petitioners' father had been issued tribe

certificate of belonging to 'Thakur' Scheduled Tribe. His tribe certificate

came to be invalidated by the Scrutiny Committee on 6/6/2005. The

petitioners' father had filed Writ Petition No. 3841/2005 in this Court and

on 24/2/2022, the said Writ Petition was allowed and the order passed

by the Scrutiny Committee was set aside. It was declared that the

petitioners' father had proved that he and his forefathers belonged to

'Thakur' Scheduled Tribe. The claim of the petitioners was pending with

the Scrutiny Committee since the year 2007. The report of the Vigilance

Cell was obtained and that report was served on the petitioners.

Thereafter, the petitioners had issued various communications requesting

the Scrutiny Committee to conclude the proceedings. It appears that the

proceedings were fixed before the Scrutiny Committee on 17/2/2021 and

25/6/2021. However, the petitioners could not remain present before the

Scrutiny Committee. After noting the petitioners' absence, the

proceedings came to be dismissed.

4. It is the specific case of the petitioners that the proceedings

were fixed when the pandemic situation was prevailing and the members

of the family of the petitioners were undergoing treatment for COVID and

hence despite receiving notice from the Scrutiny Committee, the

petitioners could not attend the said proceedings on 25/6/2021. The WP 1194-2023 3 Judgment

petitioners therefore seek re-consideration of the matter especially in the

light of the fact that their father has now been issued a validity certificate.

5. On hearing the learned Counsel for the petitioners as well as

the learned Assistant Government Pleader, we find that the petitioners'

father having been issued a validity certificate an opportunity needs to be

granted to the petitioners to have their tribe certificates verified by the

Scrutiny Committee. Their absence before the Scrutiny Committee does

not appear to be deliberate. Also, they have stated on oath that on

account of prevailing pandemic situation, they were unable to attend the

proceedings on 25/6/2021. In these facts, we are inclined to grant an

opportunity to the petitioners to have their tribe certificates verified.

6. Hence for the aforesaid reasons, the order dated 7/9/2021

passed by the Scrutiny Committee rejecting the proceedings seeking grant

of validity certificates is set aside. The proceedings are restored before the

Scrutiny Committee for fresh consideration in the light of the fact that the

petitioners' father has been issued a validity certificate pursuant to the

judgment in Pradeep s/o Himmatrao Wankhade Vs. State of Maharashtra

& Ors. [Writ Petition No. 3841/2005] decided on 24/2/2022. The

petitioners shall appear before the Scrutiny Committee on 1/4/2023. The

Committee shall consider their claim on merits and decide the same in WP 1194-2023 4 Judgment

accordance with law. Since the Vigilance Cell has submitted its report and

the petitioners' father has been issued a validity certificate, necessary

decision be taken by the end of June - 2023.

7] Rule is made absolute in the aforesaid terms. No costs.

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


                         SUMIT




Digitally signed bySUMIT CHETAN
AGRAWAL
Signing Date:18.03.2023 15:46