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Bombay High Court

Shridhar Namdeo Pawar vs Scheduled Tribe Caste Certificate ... on 14 July, 2023

Author: Neela Gokhale

Bench: G.S. Patel, Neela Gokhale

                                                   904-ASWP-2344-2023.DOC




                                                                                Ganesh



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
                    WRIT PETITION NO. 2344 OF 2023


 Shridhar Namdeo Pawar                                               ...Petitioner
       Versus
 Scheduled    Tribe    Certificate           Verification        ...Respondents
 Committee, Pune Division & Ors


 Mr SG Kudle, for the Petitioner.
 Mrs AA Purav, AGP, for the Respondent-State.
 Mr Shivprasad M Kakade, Law Officer, Pune, for the Committee.


                               CORAM    G.S. Patel &
                                        Neela Gokhale, JJ.

DATED: 14th July 2023 PC:-

1. There is an Affidavit in Reply. Mr Shivprasad Kakade, Law Officer of the 1st Respondent, the Scheduled Tribe Certificate Verification Committee, Pune Division, is present.

2. Prima facie, we believe Mr Kudle is correct in saying that the impugned order dated 2nd February 2023 does not consider the two documents that were on the record of the 1st Respondent Committee. One of these is a title document to property. It is a pre-

independence document in modi script and it refers to the name of the Petitioner's great great grandfather and describes his tribe as Page 1 of 3 14th July 2023 ::: Uploaded on - 14/07/2023 ::: Downloaded on - 15/07/2023 13:39:50 ::: 904-ASWP-2344-2023.DOC 'Thakar'. There is no reference to this document in the impugned order at all, meaning that there is no consideration of it.

3. Further, Mr Kudle points out that the Petitioner's father Namdeo holds a Tribe Validity Certificate of considerable vintage. It was issued more than 23 years ago on 12th January 2000 by the Tribal Research and Training Institute, Pune, Maharashtra. The Affidavit in Reply purports to state that this certificate was issued without a proper verification and on suppression. But this statement is entirely without factual basis and indeed without any kind of lis for there was never a challenge brought by anybody to the father's certificate. There is no consideration of the father's certificate in the impugned order and certainly the grounds stated in the Affidavit in Reply do not form part of the reason.

4. We therefore quash and set aside the impugned order and remit the matter to the 1st Respondent-Committee for consideration afresh at the earliest possible time on merits and without any reference to or in any way influenced by the impugned order of 2nd February 2023.

5. In the meantime, some adequate conditional protection will be necessary because the Petitioner is a young student and the apprehension is that his admission to engineering courses will be entirely jeopardised on account of the impugned order.

6. Consequently, we grant ad-interim relief in terms of prayer clause (d) at page 15 which reads thus:

14th July 2023 ::: Uploaded on - 14/07/2023 ::: Downloaded on - 15/07/2023 13:39:50 ::: 904-ASWP-2344-2023.DOC "(d) Pending the hearing and final disposal of this Petition, the operation, execution, implementation and effect off the impugned order dated 2.2.2023 pertaining to invalidation of the Petitioner's caste claim issued by Respondent No.1 herein be ordered to be stayed."

7. We clarify that the Petitioner's admission, appearance for examinations and declaration of results and all other attendant educational aspects are not to be withheld or cancelled only on the basis of the impugned order of 2nd February 2023. However, the Petitioner will not be entitled to claim any equities on this basis and the continued admission of the Petitioner will be subject to further orders in the Petition. All contentions are expressly kept open.

8. We request the 1st Respondent-Committee to decide the application as it stands within a period of eight weeks from today. It is left to the discretion of the Committee to call for further documentation, evidence, affidavits or material if it thinks fit.

9. We do not permit the Petitioner to adduce any additional material without a specific direction from the 1st Respondent- Committee.

10. We keep the Petition pending and list the matter for Digitally signed by GANESH directions on 11th September 2023.

GANESH SUBHASH SUBHASH LOKHANDE LOKHANDE Date:

2023.07.14 17:12:02 +0530 (Neela Gokhale, J) (G. S. Patel, J) Page 3 of 3 14th July 2023 ::: Uploaded on - 14/07/2023 ::: Downloaded on - 15/07/2023 13:39:50 :::