Shweta Raju Amnerkar And Others vs S. T. Certificate Scrutiny ...
2023 Latest Caselaw 9227 Bom

2023:BHC-NAG:13211-DB


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


                               WRIT PETITION NO.4262 OF 2022

               1.         Ku. Shweta Raju Amnerkar,
                          Age - 20 years, Occupation - Student,
                          R/o. 45, Chintamani Nagari No.3,
                          Omkar Nagar Road,
                          Besa, Nagpur - 440 027

               2.         Yog Raju Amnerkar,
                          Age - 15 years, Occupation - Student,
                          (Minor through his natural guardian
                          petitioner No.4 Raju Punaji Amnerkar)
                          R/o. 45, Chintamani Nagari No.3,
                          Omkar Nagar Road,
                          Besa, Nagpur - 440 027

               3.         Ramesh Sadashiv Amnerkar,
                          Age - 30 years,
                          Occupation-e-Riksha-Puller-Self-Employed
                          R/o. Old Mangalwari,
                          Kolba Swami Chowk, Chandekar Mohalla,
                          Nagpur - 400 008

               4.         Raju Punaji Amnerkar,
                          Age - 48 years, Occupation - Service,
                          R/o. 45, Chintamani Nagari No.3,
                          Omkar Nagar Road,
                          Besa, Nagpur - 440 027
                                                                  ...PETITIONERS
                                             VERSUS
               1.         Schedule Tribe Certificate
                          Scrutiny Committee, Nagpur
                          through its Dy. Director & Member
                          Secretary,
                          Adiwasi Vikas Bhawan,
                          Giripeth, Nagpur - 440010
 J.40.wp.4262.22.odt                                                    2/4


2.         Sub Divisional Officer,
           Nagpur (Urban), Tahsil Office,
           Room No.1, Civil Lines,
           Nagpur - 440001

3.         The State of Maharashtra,
           through its Sub-Divisional Officer,
           Nagpur (Urban),
           Tahsil Office, Room No.1,
           Civil Lines, Nagpur - 440001
                                                        ...RESPONDENTS
_______________________________________________________
           Shri A.A. Dhawas, Advocate for the petitioners.
           Shri M.K. Pathan, Assistant Government Pleader for the
           respondents/State.
_______________________________________________________

                  CORAM : AVINASH G. GHAROTE &
                          URMILA JOSHI-PHALKE, JJ.

DATED : SEPTEMBER 04, 2023

ORAL JUDGMENT (Per Avinash G. Gharote, J.)

RULE. Rule made returnable forthwith. Heard finally with

the consent of learned Counsel for the parties.

2. Petitioner Nos.1 to 3, claiming to be belonging to the "Halba"

Scheduled Tribe had made an application to respondent No.2 for

issuance of Tribe Certificate. The application filed by petitioner No.2 was

rejected on 31/12/2020 (page 69). The application filed by petitioner

No.1 was also rejected on 31/12/2020 (page 70) and the application J.40.wp.4262.22.odt 3/4

filed by petitioner No.3 was rejected on 15/01/2021 (page 84). When

the petitioner Nos.1 to 3 by an application asked for copies of the orders,

they were not supplied to them, and after much persuasion, was

belatedly supplied. The rejection of these applications for grant of Tribe

Certificate were challenged by the petitioners before the Scrutiny

Committee which by the order dated 11/08/2021 (page 142) has

dismissed the appeal which is now the subject matter of this petition.

3. The order in respect of petitioner No.1 - Shweta (page 72) is

dated 12/02/2021. The order in respect of petitioner No.3 - Ramesh is at

page 87 dated 23/02/2021 and the order in respect of petitioner No.2 -

Yog is dated 12/02/2021 filed along with the Pursis (Stamp)

No.03/2023 dated 02/08/2023. The date of all these orders, is

subsequent to the dates on which the portal shows that the applications

have been rejected. This clearly is an action, which is impermissible in

law, as once the portal shows that the applications have been rejected,

the detailed orders of the same date has also to be made available. The

rejection of the applications for issuing Tribe Certificates by the orders

dated 12/02/2021 (page 72), 23/02/2021 (page 87) and 12/02/2021

(page 3 of the Pursis) therefore, cannot be sustained and is hereby

quashed and set aside. The learned Scrutiny Committee also without

considering this fact could not have decided the appeals by the decision J.40.wp.4262.22.odt 4/4

dated 11/08/2021 as a result of which the same also would not be

sustainable in law.

4. In the result, the petition is allowed. All the orders are hereby

quashed and set aside and the matter is remitted back to respondent

No.2 for deciding the applications for issuance of Tribe Certificate to the

applicants afresh, on its own merits.

5. Rule is made absolute in the aforesaid terms. No costs.

(URMILA JOSHI-PHALKE, J.) (AVINASH G. GHAROTE, J.)

*Divya

Signed by: Mrs. Divya Baldwa Designation: PA To Honourable Judge Date: 06/09/2023 11:18:40