Bombay High Court
Sargam Raghunandan Parate vs Scheduled Tribe Certificate ... on 17 October, 2023
Bench: Avinash G. Gharote, Urmila Sachin Phalke
5-5431-22-WP=.doc
2023:BHC-NAG:15261-DB
Uday Jagtap
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 5431 OF 2022
Sargam Raghunandan Parate .. Petitioner
V/s.
Scheduled Tribe Certificate Scrutiny
Committee, Nagpur Through its
Vice Chairman, Nagpur .. Respondent
......
Mr. A.A. Dhawan for the petitioner
Mr. N.S. Rao, AGP for the respondent - State
.....
CORAM : PRITHVIRAJ K. CHAVAN &
URMILA JOSHI-PHALKE, JJ.
DATE : 17th OCTOBER, 2023.
P.C.
1. Rule. Rule is made returnable forthwith.
2. Learned APP waives service.
3. This Court in Writ Petition No. 4734 of 2023 has passed the
following order.
" 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
1 of 3
5-5431-22-WP=.doc
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."
4. The petitioner herein being the real brother of the petitioner in
Writ Petition No. 4734 of 2023, submits that this petition also needs
to be remanded to the Scrutiny Committee for consideration and for
passing necessary orders in light of the directions issued by this Court
in Writ Petition No. 4734 of 2023.
5. This Court even in Writ Petition No. 5096 of 2021
(Raghunandan Dashrath Parate Vs. State of Maharashtra & Ors.) had
already mentioned in para 2 of Writ Petition No. 4734 of 2023,
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wherein the same has been remanded to the Scrutiny Committee by
setting aside the order of the Scrutiny Committee dated 03.06.2020.
6. It appears that the petitioners in Writ Petition No. 4734 of 2023
and Writ Petition No. 5096 of 2021 are blood relatives of the present
petitioner.
7. In that view of the matter, the impugned order dated 29 th
October 2020 is quashed and set aside.
8. The matter is remanded to the Scrutiny Committee, Nagpur,
who shall consider the petitioner's claim along with claims of the
other petitioners stated hereinabove.
9. The petitioner shall appear before the Scrutiny Committee on
25th October, 2023.
10. The Scrutiny Committee, thereafter shall complete the process
of adjudication within a period of six weeks.
11. Rule is disposed of in aforesaid terms with no order as to costs.
(URMILA JOSHI-PHALKE, J.) (PRITHVIRAJ K. CHAVAN, J.)
Signed by: Mr. Uday Jagtap
Designation: PS To Honourable Judge 3 of 3
Date: 18/10/2023 10:45:20
