Ansh S/O Kiran Gharat vs The Schedule Tribe Caste Certificate ...
2024 Latest Caselaw 24518 Bom

Bombay High Court

Ansh S/O Kiran Gharat vs The Schedule Tribe Caste Certificate ... on 20 August, 2024

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

                                                  1                                     945wp2999.2024..odt



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

                            WRIT PETITION NO. 2999 OF 2024
   (Ansh s/o Kiran Gharat Vs. The Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur)
----------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram,                              Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
----------------------------------------------------------------------------------------------
                           Ms. Rashi Nagrare, Advocate for petitioner.
                           Mr. N.S. Rao, Assistant Government Pleader for respondent.

                                            CORAM : NITIN W. SAMBRE &
                                                    ABHAY J. MANTRI, JJ.

DATED : 20-08-2024

The contentions of Ms. Nagrare, learned Counsel for the petitioner are that the twelve blood relations, who are holding validity certificates though were cited before the Caste Scrutiny Committee, were ignored based on the adverse entries without there being any finding on the sustainability of the certificates issued to the validity holders.

2. Drawing support from the judgment of the Division Bench of this Court in the matter of Apoorva Nichle Vs. Divisional Caste Certificate Scrutiny Committee and another reported in 2010(6) Mh.L.J. 401, it is claimed that the impugned order in such an eventuality, is not sustainable and is liable to be quashed and set aside.

3. As against above, Mr. Rao, the learned Assistant Government Pleader for the respondent, would urge that he shall take instructions from the Caste Scrutiny Committee on the issue of whether the Committee had any intention to proceed against the caste validity 2 945wp2999.2024..odt

holders based on the material, which is used for invalidating the caste claim of the petitioner.

4. Stand over to 3.9.2024.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Belkhede

Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 22/08/2024 11:11:55