Pawan Ishawar Dadmal vs The S. T. Certificate Scrutiny ...
2025 Latest Caselaw 1810 Bom

Bombay High Court

Pawan Ishawar Dadmal vs The S. T. Certificate Scrutiny ... on 24 January, 2025

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

2025:BHC-NAG:772-DB
                                                                                      20-WP7272.24-J.odt
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                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 NAGPUR BENCH, NAGPUR.
                                WRIT PETITION NO. 7272                   OF 2024

           Shri Pawan Ishawar Dadmal,
           age about 21, Occupation : Student,
           At, Alizanja Po, Talodhi Naik,
           Tah.Chimur, Dist.Chandrapur-442903
           M.93733346323
           Emai. [email protected]                                    ....PETITIONER
                         -Versus-
           The Scheduled Tribe Certificate Scrutiny
           Committee, Chandrapur,
           Through its Member Secretary,
           Tadoba Road, Tukum, Chandrapur.                                   ....RESPONDENT

                    -------------------------------------------------------------------------------
                                 Mr. N.D.Jambhule, Adv. for the petitioner.
                             Mr. A.S.Fulzele, Addl.GP for the respondents-State.
                    -------------------------------------------------------------------------------

                                               CORAM : AVINASH G. GHAROTE &
                                                       ABHAY J. MANTRI, JJ.
                                               DATE        : 24TH JANUARY, 2025

           ORAL JUDGMENT              (PER: Avinash G. Gharote, J.)

Heard.

2. Rule. Rule made returnable forthwith. Heard finally with the consent of

the learned counsel for the parties.

3. The petition questions the order dated 27/04/2022, passed by the

Tribe Scrutiny Committee, Chandrapur whereby the claim of the petitioner of

belonging to Mana Schedule Tribe has been rejected solely on the ground, that

the petitioner though granted opportunity, did not produce documents

KHUNTE 20-WP7272.24-J.odt

indicating his tribe claim earlier to 1950. The learned counsel for the petitioner

invites our attention to the table in para-12 of the petition, which indicates

documents from 1953, relating to the grandfather of the petitioner indicating

he belonging to Mana Scheduled Tribe. This document or for that matter, the

other documents as indicated in the table have not been considered at all while

passing the impugned decision.

4. Mr.Fulzele, learned Additional Government Pleader for the respondent-

State, does not dispute, that while considering the tribe claim of the petitioner

not only documents prior to 1950, but all documents, which have a bearing,

even if they are post 1950, having bearing upon the matter in issue need to be

considered for deciding the tribe claim. This in our considered opinion is a

correct and fair statement and indicates the manner in which the tribe claim

has to be decided with weightage to be given to the oldest entries. In that view

of the matter the impugned order dated 27/04/2022, cannot be sustained and

is hereby quashed and set aside and the matter is remitted back to the Tribe

Certificate Scrutiny Committee, Chandrapur for decision afresh by taking into

consideration all documents which may be submitted by the petitioner in

support of his tribe claim. The petitioner shall appear before the Committee on

03/02/2025 without any further notice being required to be issued. The record

which was returned back to the petitioner should also be produced by him

before the Committee on 03/02/2025.

5. Rule is made absolute in the above terms. No costs.

                               (ABHAY J. MANTRI,J)                      (AVINASH G. GHAROTE, J)
Signed by: Mr. G.S. Khunte
Designation: PS To Honourable Judge
Date: 24/01/2025 16:45:19
                        KHUNTE