Ku. Falguni Raghunandan Parate vs Scheduled Tribe Caste ...
2023 Latest Caselaw 10307 Bom

WP-4734-2023.odt                                          1



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                          NAGPUR BENCH : NAGPUR.
                            WRIT PETITION NO.4734 OF 2023
                             Ku. Falguni Raghunandan Parate
                                             vs.
    Scheduled Tribe Caste Certificate Scrutiny Committee, through its Member Secretary,
                                           Nagpur
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Office Notes, Office Memoranda of                                   Court's or Judge's Order
Coram, appearances, Court's Orders
 or directions and Registrar's order
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       Shri R.S.Parsodkar, Advocate for petitioner.
       Ms S.S. Jachak, Assistant Government Pleader for respondent.

       CORAM :- A.S.CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.

ARGUMENTS WERE HEARD ON : 01.08.2023 ORDER IS PRONOUNCED ON : 05.10.2023

P. C.

Rule. Rule is made returnable forthwith. Ms S.S.Jachak, learned Assistant Government Pleader waives service of notice for respondent.

2. Writ Petition No.5096/2021 (Raghunandan Dashrath Parate vs. State of Maharashtra and ors.) has been decided today. That writ petition has been preferred by the petitioner's father challenging the order passed by the Scrutiny Committee on 03.06.2020 invalidating his claim of belonging to 'Halba' Scheduled Tribe. The said order dated 03.06.2020 has been set aside and the proceedings have been remanded to the Scrutiny Committee for fresh consideration.

3. Since the present petitioner relies upon the same set of documents that are relied upon by her father, for reasons assigned in the judgment passed in Writ Petition No.5096 of 2021, the following order is passed:

(i) The order dated 08.11.2021 passed by the Scrutiny Committee, Nagpur is quashed and set aside.

(ii) The proceedings are remanded to the Scrutiny Committee, Nagpur for considering the petitioner's claim alongwith the claim of

her father in terms of the directions issued in Writ Petition No.5096 of 2021.

(iii) The petitioner shall appear before the Scrutiny Committee on 13.10.2023 and the process of adjudication be completed within a period of four months from that date.

4. Rule is disposed of in aforesaid terms with no order as to costs.

(MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)

Andurkar.

Signed by: Jayant S. Andurkar Designation: PA To Honourable Judge Date: 06/10/2023 10:37:49