SANDIP S/O NAMDEO KOLHE v. SCHEDULED TRIBE CERTI. SCRUTINY COMMITTE, AMRAVATI THR. VICE PRESIDENT AND MEMBER SECR. AND ANR
WP/2968/2021 · 2025-01-14
Shri Nitin W Sambre, Vrushali V Joshi
body2025
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[ 2025 DAILYLAW 49231 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49231 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
921-WP-2968-21.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.2968 OF 2021
Sandip S/o Namdeo Kolhe, Nagpur -vs- The Scheduled Tribe Certificate Scrutiny Committee, Amravati and anr. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and the Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri Mangesh V. Bute, Advocate for petitioner. Smt S. S. Jachak, Additional Government Pleader for respondent No.1.
CORAM : NITIN W. SAMBRE AND MRS VRUSHALI V. JOSHI, JJ. DATE : January 14, 2025 P. C.
1. We have heard Shri Bute, counsel appearing for the petitioner.
2. The challenge in the petition is to the order dated 06/04/2021 passed by the respondent No.1-Scrutiny Committee whereby the claim of the petitioner of belonging to ‘Gond’ Scheduled Tribe came to be invalidated.
3. The basic document which is relied on by the Scrutiny committee in the matter of rejection of claim of the petitioner is the report of Vigilance Cell and the statements made therein. The petitioner in relation to Parasram son of Hiraman has stated that the said Hiraman is not related to him. As a sequel of which, the Scrutiny Committee negated the claim though there are other documents which are of pre constitutional era.
4. During the course of hearing the counsel for the petitioner has placed on record copies of validity certificates issued to Shivam, son of the petitioner, Shivani, daughter of the petitioner and Santosh real brother of the petitioner. In view of the aforesaid three validities which
921-WP-2968-21.odt 2/2 are perhaps granted based on similar material, we are of the view that the order impugned cannot be said to be sustainable.
5. In that view of the matter, we quash and set aside the impugned
order dated 06/04/2021 passed by the Scheduled Tribe Certificate Scrutiny Committee, Amravati.
6. We permit the petitioner to appear before the Scheduled Tribe Certificate Scrutiny Committee, Yavatmal to whom the Scheduled Tribe Certificate Scrutiny Committee, Amravati shall transfer the record in relation to the petitioner’s tribe-claim to deal with the claim afresh having regard to the validity granted in favour of blood relations referred above.
7. For the said purpose, we permit the petitioner to appear before the Scheduled Tribe Certificate Scrutiny Committee, Yavatmal on 03/02/2025.
8. The writ petition is partly allowed in the aforesaid terms. No costs. (Mrs Vrushali V. Joshi, J.) (Nitin W. Sambre, J.)
Asmita