Sakshi Vinayak Chaudhari vs Schedule Tribe Certificate Scrutiny ...
2024 Latest Caselaw 24608 Bom

Bombay High Court

Sakshi Vinayak Chaudhari vs Schedule Tribe Certificate Scrutiny ... on 21 August, 2024

Author: Mangesh S. Patil

Bench: Mangesh S. Patil

2024:BHC-AUG:18912-DB
                                                                          942.WP.8961.24.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                 WRIT PETITION NO.8961 OF 2024

                                SAKSHI VINAYAK CHAUDHARI
                                          VERSUS
                     SCHEDULE TRIBE CERTIFICATE SCRUTINY COMMITTEE
                  KINWAT HQ. AURANGABAD THROUGH ITS MEMBER SECRETARY

                                                  ...
                        Advocate for the Petitioner : Mr. Gite Umesh Babanrao
                                AGP for Respondents: Mr. V.M. Chate
                                                  ...

                                   CORAM              : MANGESH S. PATIL &
                                                        SHAILESH P. BRAHME, JJ.

                                   DATE               : 21.08.2024


             PER COURT:
                          We have heard both the sides finally.

2. The petitioner is challenging the order passed by the

respondent No.2 - Scrutiny Committee refusing to validate her 'Rajgond'

scheduled tribe certificate.

3. It is being pointed out that though a separate vigilance

inquiry has been conducted in the matter of petitioner, the Committee on

the basis of selfsame record has refused to validate a similar tribe

certificate of her brother Sumit. This Court in Writ Petition

No.13701/2021, for the reasons recorded therein and after going through

the judgment and order passed in his matter, directed him to be issued

with a certificate of validity by setting aside the order of the Scrutiny

942.WP.8961.24.odt

Committee. It is also being pointed out that validities possessed by the

blood relatives like petitioner's uncle Mahesh Madhavrao Chaudhari and

few other individuals were also considered by this Court while directing

the certificate of validity to be issued to him.

4. Since, admittedly, the selfsame record was subject matter of

the Scrutiny in the matter of petitioner's real brother Sumit and still this

Court had found him entitled to have a certificate of validity making it

subject to the outcome of the matters of the validity holders which the

Committee had decided to reopen, the propriety demands that even the

petitioner should get a similar certificate of validity with a similar

condition.

5. The writ petition is allowed partly. The impugned order is

quashed and set aside. The committee shall immediately issue tribe

validity certificate to the petitioner as belonging to 'Rajgond' scheduled

tribe, which shall be subject to the decision to be taken by the committee

in the reopened matters.

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

(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.)

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