Bombay High Court
Shubham S/O Ganesh Bansod vs The S. T. Caste Certificate Scrutiny ... on 2 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi, M.W.Chandwani
2024:BHC-NAG:8446-DB
Judgment wp7425.23
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
WRIT PETITION No. 7425 OF 2023.
Shubham s/o Ganesh Bansod,
Aged about 19 years, Occupation -
Student, Resident of At Post Chikhali,
Taluq Risod, District Washim. ... PETITIONER.
VERSUS
The Scheduled Tribes Caste
Certificate Scrutiny Committee,
through its Member Secretary,
Shashtri Nagar,Yavatmal. ... RESPONDENT.
---------------------------------
Mr. R.S. Parsodkar, Advocate for the Petitioner.
Mr. V.A. Thakare, A.G.P. for the Respondent.
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CORAM : VINAY JOSHI AND
M.W.CHANDWANI, JJ.
DATE : AUGUST 02, 2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard. Rule. Rule made returnable forthwith and by
Rgd.
Judgment wp7425.23
consent of the learned Counsel for the parties, the matter is taken up
for final disposal.
2. Petitioner's caste claim as belonging to "Thakur Scheduled
Tribe" which is enlisted at entry No.44 in the Constitution
(Scheduled Tribe) Order, 1950 has been rejected by the respondent
Scrutiny Committee vide order dated 04.08.2023, which is impugned
in the present petition.
3. It is the contention of the petitioner that he has produced
several pre-constitutional documents, however, by sidelining those
documents, his claim has been rejected merely on the ground of
failure in affinity test and area restriction. The learned Counsel
appearing for the petitioner would submit that this Court while
considering the case of petitioner's real sister Pooja along with cousin
brother Gopal, has considered all the aspects and has validated their
claim in Writ Petition No.2097/2022 vide judgment and order dated
22.07.2024. It is contended the same documents were subject matter
of scrutiny before this Court and on considering the entire material,
Rgd.
Judgment wp7425.23
this Court has evaluated the caste claim of Pooja and Gopal.
4. We have gone through the decision rendered by this Court
in Writ Petition No. 2097/2022 dated 22.07.2024. There is no
dispute that Pooja is real sister of the petitioner. The decision in case
of Apoorva Vinay Nichale .vrs. Divisional Caste Certificate Scrutiny
Committee and others - 2010 [6] Mh.L.J. 401, endorses to grant
validity if a family member/blood relative has been granted validity.
Herein not only the family member is having validity, but, the claim
has been tested by this Court and by virtue of directions of this Court,
validity has been issued. In the circumstances, this would be a
sufficient reason for us to set aside the impugned order and direct the
Scrutiny Committee to issue validity certificate. Hence the following
order.
ORDER
[i] Writ Petition is allowed.
[ii] We hereby quash and set aside the order dated
04.08.2023, passed by the respondent Scheduled Tribe
Caste Certificate Scrutiny Committee, Yavatmal.
Rgd.
Judgment wp7425.23
[iii] The respondent Scrutiny Committee is directed to issue
validity certificate in favour of the petitioner as belonging
to "Thakur Scheduled Tribe", within a period of four
weeks.
[iv] Till issuance of the validity certificate, the Authorities may
act on copy of this judgment for considering the claim of
petitioner as belonging to Thakur Scheduled Tribe.
[v] Rule is made absolute in aforesaid terms with no order as
to costs.
JUDGE JUDGE
Rgd.
Signed by: R.G. Dhuriya (RGD)
Designation: PS To Honourable Judge
Date: 05/08/2024 10:56:04
