Bombay High Court
Manoj Jagannath Garud vs Scheduled Tribe Certificate Scrutiny ... on 5 February, 2025
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2025:BHC-AUG:4816-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.12604 OF 2021
Manoj s/o Jagannath Garud,
Age : 45 years, Occupation : Service,
R/o Gajanan Nagar, Karegaon Road,
Parbhani, Dist. Parbhani.
...PETITIONER
-VERSUS-
1. Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad Region,
Aurangabad.
Through its Member Secretary.
2. Education Officer (Primary),
Zilla Parishad, Parbhani,
Dist. Parbhani.
3. Chief Executive Officer,
Zilla Parishad, Parbhani,
Dist. Parbhani.
...RESPONDENTS
...
Shri Sagar S. Phatale, Advocate for the Petitioner.
Shri M.K. Goyanka, AGP for Respondent No.1/State.
Shri Bhagwat A. Shinde, Advocate for Respondent Nos.2 and 3.
...
CORAM : MANGESH S. PATIL
&
PRAFULLA S. KHUBALKAR, JJ.
DATE : 05th February, 2025
JUDGMENT (Per Prafulla S. Khubalkar, J.) :
-
Heard advocate Sagar Phatale, for petitioner,
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advocate M.K. Goyanka, learned AGP for respondent No.1
Scrutiny Committee and advocate Bhagwat Shinde for
respondent Nos.2 and 3.
2. Rule. Rule made returnable forthwith and heard
finally by consent of parties.
3. The petitioner has challenged the order dated
05.10.2021 passed by respondent No.1 Scrutiny Committee
invalidating his claim for 'Thakur', Scheduled Tribe.
4. The impugned order is a common order in the matter
of Prasad Jitendra Garud and the petitioner, they being from
same family.
5. The impugned order was subject matter of scrutiny
in Writ Petition No.12601/2021 filed by Prasad Jitendra Garud,
which was decided by judgment dated 18.11.2021, by which,
validity was granted to Prasad on the basis of the validity of his
real brother Kunal in Writ Petition No.7460/2018 before the
principal seat by judgment dated 30.07.2018. It has to be noted
that the validities to Prasad and Kunal were granted subject to
the final outcome of the matters of validity holders, which the
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Scrutiny Committee has decided to reopen.
6. In view of the above, the petitioner is also entitled
for validation of his claim on similar lines. Hence, we pass the
following order:-
(a) The Writ Petition is partly allowed.
(b) The impugned order dated 05.10.2021 passed by
respondent No.1 Scrutiny Committee is quashed and set aside
also to the extent of the petitioner.
(c) Respondent No.1 Scrutiny Committee is directed to
immediately issue a validity certificate of 'Thakur', Scheduled
Tribe, in favour of the petitioner.
(d) The validity certificate to be issued to the petitioner,
shall be subject to the final outcome of the matters of validity
holders, which the Scrutiny Committee has decided to reopen.
(e) The petitioner shall not be entitled to claim equities.
(f) No order as to costs.
7. Rule is made absolute in the above terms.
kps ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.)
