Shantanu S/O Bhagwat Ingle vs State Common Entrance Test Cell, ...
2023 Latest Caselaw 9732 Bom

2023:BHC-NAG:13846-DB

              WP-5083-2023                                 1                     Judgment

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

                               WRIT PETITION NO. 5083 OF 2023

              Shantanu s/o Bhagwat Ingle,
              aged about 18 years, Occ. Student,
              R/o Anant Colony, Sadashiv Nagar Risod,
              District - Washim.
                                                                               PETITIONER
                                             .....VERSUS.....
              1.   State Common Entrance Test Cell,
                   Maharashtra State, Mumbai,
                   8th Floor, New Excelsior Building,
                   A.K. Nayak Road, Fort, Mumbai - 400001,
                   through its Commissioner.

              2.   Vice Chairman/Joint Commissioner,
                   Schedule Tribe Caste Certificate Scrutiny Committee,
                   Yavatmal.
                   Amended as per Court's order dated
                   30/8/2023.
                                                                            RESPONDENTS

                              Shri A.P. Kalmegh, Advocate for the petitioner.
                            Shri N.S. Khubalkar, Advocate for respondent no.1.
                    Ms S.S. Jachak, Assistant Government Pleader for respondent no.2.



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

DATE : SEPTEMBER 15, 2023 ORAL JUDGMENT :(PER : A.S. CHANDURKAR, J.)

Rule. Rule made returnable forthwith and heard the learned

Counsel for the parties.

2] The petitioner seeks to challenge the order passed by the

Scrutiny Committee on 22/8/2023 invalidating his claim of belonging to

'Thakur' Scheduled Tribe. It is not in dispute that the petitioner's father -

WP-5083-2023 2 Judgment

Bhagwat has been issued a validity certificate of belonging to 'Thakur'

Scheduled Tribe by the Scrutiny Committee at Aurangabad on

19/4/2003. Similarly, the petitioner's real brother - Ajay has also been

directed to be issued a validity certificate pursuant to the judgment in

Ajay Bhagwat Ingle Vs. Scheduled Tribe Caste Certificate Scrutiny

Committee, Amravati, through its Vice Chairman/Joint Commissioner

[Writ Petition No. 4424/2019 decided on 27/6/2019]. The Scrutiny

Committee in the impugned order has declined to rely upon this material

on the ground that in a subsequent report of the Vigilance Cell, further

material was found.

3] We find that as long as the validity certificates issued to the

petitioner's father and his real brother operate and especially when the

brother's validity is issued pursuant to the judgment in Ajay Bhagwat

Ingle (supra), it would not be permissible to take a different view of the

matter. By relying upon the ratio of the decision in Apoorva Vinay

Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1, Nagpur

& Ors. [2010(6) Mh.L.J. 401] , the order passed by the Scrutiny

Committee cannot be sustained.

4] For the aforesaid reasons, the order dated 22/8/2023

passed by the Scrutiny Committee is set aside. It is declared that the

petitioner has proved that he belongs to 'Thakur' Scheduled Tribe. Within

a period of three weeks from today, the Scrutiny Committee shall issue WP-5083-2023 3 Judgment

validity certificate to the petitioner. Till the petitioner receives the

validity certificate, he is free to rely upon this judgment to indicate that

his claim of belonging to 'Thakur' Scheduled Tribe has been upheld.

Respondent no.1 shall also consider the judgment in that regard.

5] Rule is made absolute in the aforesaid terms with no order

as to costs.

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

Signed by: Mr. Sumit Agrawal Designation: PA To Honourable Judge Date: 16/09/2023 11:31:10