2025:BHC-NAG:2206-DB
WP 6774 of 2024- Judgment.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.6774/2024
PETITIONER : Pratik S/o Kailash Kale,
Aged 29 years, Occ. Agriculturist,
R/o Nandarun, Tq. Daryapur,
Dist. Amravati.
...VERSUS...
RESPONDENTS : 1. The Scheduled Tribe Caste
Certificate Scrutiny Committee,
Through its Member/Secretary,
Bhatkuli Road, Amravati, Dist. Amravati.
2. The Sub-Divisional Officer,
Daryapur, Tq. Daryapur, Dist. Amravati.
Mr. S.D. Khati and Ms Rajshree Kabra, Advocates for
petitioner
Mr. P.P. Pendke, AGP for respondents
5
WITH
WRIT PETITION NO.6814/2024
PETITIONER : Pankaj S/o Janakrao Kale,
Aged 38 years, Occ. Agriculturist,
R/o Nandarun, Tq. Daryapur,
Dist. Amravati.
...VERSUS...
RESPONDENTS : 1. The Scheduled Tribe Caste
Certificate Scrutiny Committee,
Through its Member/Secretary,
Bhatkuli Road, Amravati, Dist. Amravati.
2. The Sub-Divisional Officer,
Daryapur, Tq. Daryapur, Dist. Amravati.
WP 6774 of 2024- Judgment.odt
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Mr. S.D. Khati and Ms Rajshree Kabra, Advocates for
petitioner
Mr. A.M. Joshi, AGP for respondents
CORAM : AVINASH G. GHAROTE
AND
ABHAY J. MANTRI, JJ.
DATE : 04/03/2025
1. Rule. Rule made returnable forthwith. Heard finally with
the consent of the learned Counsels for the parties.
2. The petitions question the order, dated 17/04/2023
passed by the Sub Divisional Officer, refusing to grant certificate to
the petitioners of belonging to the 'Scheduled Tribe Koli Mahadeo' on 10
the ground that the petitioners are not entitled to it, which order has
been confirmed by the Committee in appeal by its decision dated
29/12/2023 (pg.21).
3. It is a settled position of law that the Competent
Authority under Section 4 of the Maharashtra Scheduled Castes, 15
Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic
Tribes, Other Backward Classes and Special Backward Category
(Regulation of Issuance and Verification of) Caste Certificate Act,
WP 6774 of 2024- Judgment.odt
2000 (for short hereinafter, "Act of 2000") while granting caste/tribe
certificate is not entitled to make a detailed enquiry as to the validity
of the claim of the petitioners of belonging to a particular caste/tribe,
for that is the job of the Committee under Section 6 of the Act of
4. A perusal of the impugned decision, dated 17/04/2024,
passed by the learned Sub Divisional Officer, who is the Competent
Authority in terms of Section 4 of the Act of 2000 indicates that he
has gone into the question of validity, of the claim of the petitioners,
which is impermissible in law. Similar is the position in respect of the 10
order, dated 29/12/2023 passed by the Scrutiny Committee. The
position in this matter is no longer res integra but is covered by the
judgment of this Court in Vishal Namdeo Gopewad Vs. The
Scheduled Tribe Caste Certificate Scrutiny Committee, through its
Member/Secretary, Yavatmal and another (Writ Petition 15
No.4335/2023 and connected matter decided on 01/09/2023), in
view of which, the impugned order, dated 17/04/2023, passed by the
Sub Divisional Officer as well as the decision, dated 29/12/2023
passed by the Scrutiny Committee are hereby quashed and set aside
and the respondent No.2, is directed to issue a tribe certificate to the 20
petitioners by following the procedure as provided in Section 4 of the
WP 6774 of 2024- Judgment.odt
Act of 2000 and Rule 3 of the Maharashtra Scheduled Tribes
(Regulation of Issuance and Verification of) Certificate Rules, 2003
within a period of four week from today. The writ petitions are
allowed accordingly.
5. Rule is made absolute in the above terms. No order as 5
to costs.
(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)
Signed by: S.S. Wadkar (SSW)
Designation: PS To Honourable Judge
Date: 05/03/2025 15:13:06
