Bombay High Court
Varsha D/O Bhanudas Chauke (Sau. Varsha ... vs The Vice-Chairman/Member Secretary, ... on 26 August, 2025
Author: M. S. Jawalkar
Bench: M. S. Jawalkar
2025:BHC-NAG:8414-DB
1/5 Judg.wp.5101.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 5101 OF 2022
Ku. Varsha d/o Bhanudas Chauke
(Sau. Varsha Krushna Randai)
Aged about : 49 Years, Occu : Service;
R/o Plot No.147, Balaji Nagar,
Nagpur - 440027. ... PETITIONER
VERSUS
The Vice Chairman/Member Secretary
Scheduled Tribe Caste Certificate Scrutiny
Committee, Amravati ... RESPONDENT
Ms. P. D. Rane, Advocate for Petitioner.
Mr. P. P. Pendke, AGP for Respondent/State.
CORAM : SMT. M. S. JAWALKAR AND PRAVIN S. PATIL, JJ.
ARGUMENTS HEARD ON : AUGUST 20, 2025.
PRONOUNCED ON : AUGUST 26, 2025.
JUDGMENT [PER PRAVIN S. PATIL, J.]
. Heard. Rule. Rule made returnable forthwith by consent of the
parties.
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2. By this Petition, Petitioner is challenging the order dated
15/9/2021 passed by the Respondent/Scheduled Tribe Caste Certificate
Scrutiny Committee, Amravati (for short, 'the Scrutiny Committee').
3. The Petitioner has filed pursis dated 20/8/2025 stating therein
that this Court decided 'Mana' Scheduled Tribe claim of Ku. Sharvari Sunil
Chouke and held that she belongs to caste of 'Mana' Scheduled Tribe.
Accordingly, the Scrutiny Committee was directed to issue caste certificate in
her favour.
4. It is further pointed out that in the impugned order in Writ
Petition No. 7400/2024 passed by the Scrutiny Committee, there is a specific
reference of the present Petitioner in the capacity of real Aunt of Ku. Sharvari
Sunil Chouke to the effect that her tribe claim is rejected by the Scrutiny
Committee by order dated 15/9/2021. Hence, it is the submission of the
Petitioner that as this Court already considered the claim of Petitioner's niece
namely, Ku. Sharvari Sunil Chouke, her claim can be decided in the light of the
fact that the genealogical tree and documents of ancestors in both the matters
are identical.
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5. In view of the submissions made by the Petitioner, we have
perused the record and found that the genealogical tree prepared by the
Vigilance Cell during the course of enquiry specifically recorded that present
Petitioner Ku. Varsha is daughter of Bhanudas and Ku. Sharvari is the daughter
of brother of the Petitioner namely, Sunil. Hence, it is clear that Ku. Sharvari,
who is a niece of present Petitioner, is descendant of same family. The learned
AGP is not disputed this fact, which is clear from the original record produced
by the Scrutiny Committee.
6. It is further pertinent to note that this Court, while deciding the
tribe claim of Ku. Sharvari, has considered the old entries produced by the
niece of the Petitioner namely, Ku. Sharvari, who belonging to the same family
of the Petitioner. Hence, in our considered opinion, once the caste validity is
granted in favour of one of the family members of the Petitioner, there is no
reason to take other view in the matter.
7. Furthermore, perusal of the impugned order prima facie shows
that the documents, which Ku. Sharvari Chouke has relied upon before the
Scrutiny Committee, same documents have been relied upon by the Petitioner
in the present matter. Therefore, considering the well settled position of law
4/5 Judg.wp.5101.2022.odt
that once the caste validity is granted in favour of one of the family members
of the Petitioner, there is no need of further investigation in the matter. We see
no impediment to quash and set aside the order passed by
Respondent/Scrutiny Committee.
8. In the above facts and circumstances, we are of the considered
opinion that tribe claim of the Petitioner rejected by the Scrutiny Committee is
bad in law and liable to be quashed and set aside. Hence, we proceed to pass
following order.
ORDER
(1) Writ Petition is allowed.
(2) The impugned order passed by the Respondent/Scheduled Tribe Caste
Certificate Scrutiny Committee, Amravati dated 15/9/2021 is hereby
quashed and set aside.
(3) It is declared that Petitioner has duly established that she belongs to
'Mana' Scheduled Tribe. The Respondent/Caste Scrutiny Committee is
hereby directed to issue caste validity certificate in favour of the
5/5 Judg.wp.5101.2022.odt
Petitioner as she belongs to caste of 'Mana' Scheduled Tribe within a
period of four weeks.
9. Rule is made absolute in above terms. No order as to costs.
[PRAVIN S. PATIL, J.] [SMT. M. S. JAWALKAR, J.]
vijaya
Signed by: Mrs. V.G. Yadav
Designation: PS To Honourable Judge
Date: 26/08/2025 18:11:01
