Ku. Rucha D/O Dilip Bokade vs The S. T. Caste Certificate Scrutiny ...
2024 Latest Caselaw 2394 Bom

Bombay High Court

Ku. Rucha D/O Dilip Bokade vs The S. T. Caste Certificate Scrutiny ... on 25 January, 2024

Author: Avinash G. Gharote

Bench: Avinash G. Gharote, M.S. Jawalkar

2024:BHC-NAG:1023-DB
                                       1                       46-6874-2023-J.odt


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

                          WRIT PETITION No. 6874 OF 2023

                  PETITIONER:      :   Ku. Rucha D/o Dilip Bokade
                                       Aged about 20 years, Occ. Student,
                                       R/o At Sarmaspura, Tq. Achalpur,
                                       District Amravati

                                               Vs.
                  RESPONDENT       :   The Schedule Tribe Caste Certificate
                                       Scrutiny Committee, through its
                                       Member Secretary and Deputy Director,
                                       Sanna Building, Opp. Govt. Rest House,
                                       Camp, Amravati - 444 601


                   Mr. Ashwin Deshpande, Advocate for the petitioner
                   Ms. T.H. Khan, AGP for Respondent


                                       CORAM: AVINASH G. GHAROTE AND
                                              SMT. M.S. JAWALKAR, JJ.

                                       DATED : 25th JANUARY, 2024



                   ORAL JUDGMENT (Per : AVINASH G. GHAROTE, J.)

At the outset, Mr. Deshpande, learned counsel for

the petitioner seeks leave to correct the date in the prayer

clause from 08/11/2022 to 03/11/2022. Leave is granted.

The correction be carried out forthwith.

2. Rule. Rule is made returnable forthwith. Heard

both the parties.

2 46-6874-2023-J.odt

3. The petition questions the decision of the Scrutiny

Committee dated 03/11/2022 (page 46), whereby the claim

of the petitioner for grant of Scheduled Tribe certificate of

the petitioner belonging to Halbi Scheduled Tribe has been

negated. What is material to note is that the decision dated

03/11/2022 is a common decision for the present petitioner

and her cousin Vaibhav Prakashrao Bokade. The relationship

is not disputed as is indicated from para 4 (page 47), of the

decision dated 03/11/2022.

4. This Court by the judgment dated 19/01/2024 has

already set aside the decision dated 03/11/2022 passed by

the Scrutiny Committee in respect of Vaibhav Praksh Bokade

in Writ Petition No.6472/2023. Since the petitioner is

similarly situated and the same documents have been relied

upon and the genealogical relationship of the petitioner

being the first cousin of the petitioner in Writ Petition No.

6472/2023 is not disputed, what has been held in Writ

Petition No. 6472/2023, would equally apply to the present

petitioner too. In that view of the matter, the decision dated

03/11/2022, passed by the Scrutiny Committee is hereby

quashed and set aside and the Scrutiny Committee is directed 3 46-6874-2023-J.odt

to issue the validity certificate to the petitioner belonging to

Halbi Scheduled Tribe. The certificate be issued within a

period of two weeks' from today. Till such time, the petitioner

can claim benefit of belonging to Halbi Scheduled Tribe on

the basis of this judgment. The petition is accordingly

allowed. No costs.

5. Rule is made absolute in the above terms.

6. R & P be sent back. .

(SMT. M.S.JAWALKAR, J.) (AVINASH G. GHAROTE, J.)

MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 25/01/2024 17:24:38