Bombay High Court
Sunita Madan Ingle vs Vice Chairman/Joint Commissioner, ... on 16 July, 2018
Author: R.K. Deshpande
Bench: R.K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.1009/2017
PETITIONER: Sangita Madan Ingle
Age : 27 Yrs., Occupation : Service
R/o Dongershevali, Tq. Chikhali,
Distt. Amravati.
...VERSUS...
RESPONDENTS: 1. Vice Chairman/Joint Commissioner,
Scheduled Tribe Caste Certificate Scrutiny
Committee, Irwin Chowk, Amravati Division,
Amravati.
2. Collector, Buldhana.
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Shri A.P. Kalmegh, Counsel for petitioner
Shri N.S. Rao, AGP for respondents
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WITH
WRIT PETITION NO.1010/2017
PETITIONER: Sunita Madan Ingle
Age : 24 Yrs. Occupation : Student
R/o Dongershevali, Tq. Chikhali,
Distt. Amravati.
...VERSUS...
RESPONDENT: Vice Chairman/Joint Commissioner,
Scheduled Tribe Caste Certificate Scrutiny
Committee, Irwin Chowk, Amravati Division,
Amravati.
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Shri A.P. Kalmegh, Counsel for petitioner
Shri N.S. Rao, AGP for respondent
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WITH
WRIT PETITION NO.1073/2017
PETITIONER: Raju s/o Madan Ingle
Aged about 32 Yrs., Occ. Service,
R/o Dongarshewali,
Tah. Chikhli, Distt. Buldhana.
...VERSUS...
RESPONDENTS: 1. The Scheduled Tribe Caste Certificate
Scrutiny Committee, Irvin Chowk,
Amravati, through its Chairman.
2. The Divisional Deputy Director of
Agriculture, Amravati Division, Amravati.
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Shri A.P. Kalmegh, Counsel for petitioner
Shri N.S. Rao, AGP for respondents
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CORAM : R.K. DESHPANDE AND
ARUN D. UPADHYE, JJ.
DATE : 16/07/2018
ORAL JUDGMENT (PER : R.K. DESHPANDE, J.)
1. Rule, made returnable forthwith. The writ petitions are heard finally with the consent of the learned Counsel for the parties. ::: Uploaded on - 18/07/2018 ::: Downloaded on - 19/07/2018 01:26:38 :::
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2. The challenge in these writ petitions is to the invalidation of the caste claim of the petitioners for Thakur Scheduled Tribe which is at entry at serial No.44 of the Constitution (Scheduled Tribes) Order, 1950 in relation to the State of Maharashtra. Several findings are recorded by the Committee against the petitioners. We need not go into the correctness of all findings recorded by the Committee for the reason that the undisputed factual position occurring in the present cases is that the Committee has issued the validity certificates to the blood relatives of the petitioners, namely, the real uncle, cousin sister and brother and the cousin uncle, as per the decisions given by this Court. Some of these decisions are challenged before the Apex Court by filing special leave petitions and it is made clear while dismissing the special leave petitions that it is dismissed on the application for condonation of delay as well as on merits as the Apex Court did not find any substance in the special leave petitions. The orders dismissing the special leave petitions are placed on record.
3. In the decision of the Division Bench of this Court in Writ Petition No.07/2014 (Motial s/o Namdeo ::: Uploaded on - 18/07/2018 ::: Downloaded on - 19/07/2018 01:26:38 ::: wp1009.17.odt 4 Pawar...Versus...Scheduled Tribe Certificate Scrutiny Committee, Nashik, through its Member Secretary and others) delivered on 22/12/2017 the decision of the Full Bench of this Court in the case of Shilpa Thakur has also been considered. Relying upon the decision of the Apex Court in case of Anand...Versus...Committee for Scrutiny and Verification of Tribe Claims and another, reported in 2011 (6) Mh.L.J. 919 and the decision of the Division Bench of this Court in the case of Apoorva d/o Vinay Nichale...Versus...Divisional Caste Certificate Scrutiny Committee No.1 and others, reported in 2010 (6) Mh.L.J. 401, this Court has directed issuance of caste validity certificates in the names of blood relatives of the petitioners.
4. In the absence of any findings regarding fraud and misrepresentation in issuance of caste validity certificates in the names of blood relatives, there cannot be a different conclusion than one that the petitioners are entitled to get the validity certificate in their favour.
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5. In the result, the writ petitions are allowed. The impugned orders dated 31/1/2017 passed by the Scheduled Tribe Caste Certificate Scrutiny Committee are hereby quashed and set aside.
6. In view of the several decisions of this Court and the decisions of the Apex Court referred to above, it is held that the claim of the petitioners for Thakur Scheduled Tribe, which is at entry at serial no.44 of the Constitution (Scheduled Tribes) Order, 1950 in relation to the State of Maharashtra is held to be valid and accordingly the Committee is directed to issue caste validity certificate in the name of the petitioners within a period of fifteen days from today.
Rule is made absolute in the aforesaid terms. No order as to costs.
(Arun D. Upadhye, J.) (R.K. Deshpande, J.)
Wadkar, P.S.
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