Mohit Vijay Gaikwad vs Scheduled Tribe Certificate Scrutiny ...
2024 Latest Caselaw 23977 Bom

Bombay High Court

Mohit Vijay Gaikwad vs Scheduled Tribe Certificate Scrutiny ... on 14 August, 2024

Author: Mangesh S. Patil

Bench: Mangesh S. Patil

2024:BHC-AUG:18028-DB

                                          1                         958 & 959.WP-8314-2024.doc




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                         958 WRIT PETITION NO. 8314 OF 2024
                             ANKIT ARUN GAIKWAD
                                    VERSUS
                     SCHEDULED TRIBE CERTIFICATE SCRUTINY
                   COMMITTEE THROUGH ITS MEMBER SECRETARY
                                     AND

                         959 WRIT PETITION NO. 8323 OF 2024
                             MOHIT VIJAY GAIKWAD
                                    VERSUS
                     SCHEDULED TRIBE CERTIFICATE SCRUTINY
                   COMMITTEE THROUGH ITS MEMBER SECRETARY
                                              ...
                         Advocate for Petitioners : Mr. Phatale Sagar S
             AGP for Respondents/State in WP-8314/2024 : Mr. S.R. Yadav Lonikar
                AGP for Respondents/State in WP-8323/2024 : Mr. V.M. Chate
                                              ...
                                              CORAM     :   MANGESH S. PATIL &
                                                            SHAILESH P. BRAHME, JJ.

                                               DATE     :   14 AUGUST 2024
              PER COURT :
              .          Head both the sides finally.

2. The petitioners are challenging the common order by way of separate writ petitions, invalidating their Thakur scheduled tribe certificates.

3. Admittedly, fathers of both the petitioners possess certificate of validity. Even petitioner-Ankit's real sister Akanksha d/o Arun 2 958 & 959.WP-8314-2024.doc

Gaikwad, was issued with certificate of validity by this Court in Writ Petition No.14585/2021 vide order dated 22.12.2021 'Exhibit-F', albeit subject to the final outcome of the matter in respect of the validity holders which the Committee had decided to reopen.

4. In view of the above state of affairs, irrespective of the fact that even in the impugned judgment, the Committee is refusing to extend the benefit of the validities in the family for the selfsame reasons of having been obtained by practicing fraud, the petitioners are entitled to have the similar certificates of validity subject to the same conditions.

5. The writ petition is partly allowed. The impugned order dated 22.11.2023 is quashed and set aside. The respondent/ Committee shall immediately issue tribe validity certificates to the petitioners as belonging to 'Thakur' scheduled tribe in the prescribed format without adding anything. The validities shall be subject to the final outcome of the matters which the Committee has decided to re-open.

6. The petitioners shall not be entitled to claim equities.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.]

Najeeb..