Bombay High Court
Narendras/O Gopalrao Nadge vs The Schedule Tribe, Certificate ... on 8 January, 2020
Equivalent citations: AIRONLINE 2020 BOM 1640
Author: Z.A. Haq
Bench: Z.A. Haq, S.M. Modak
1 12Wp1933.17 judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 1933 OF 2017
Narendra s/o Gopalrao Nadge,
Aged Years, Occupation: Retired,
president of Sarmaspura, Achalpur City,
Tah. Achalpur, Dist. Amravati.
..... PETITIONER
...V E R S U S...
1] The Schedule Tribe,
Certificate Scrutiny Committee, Amravati
Division, Amravati, through its Member
Secretary, Amravati, Dist. Amravati.
2] Commissioner of Animal Husbandry,
Maharashtra State, opposite to
Spicer College, Aundh, Pune-411067.
... RESPONDENTS
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Shri S.P. Bhandarkar, advocate for petitioner.
Ms T.H.Khan, A.G.P. for respondent No.1.
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CORAM: Z.A. HAQ AND
S.M. MODAK, JJ.
DATED : 08/01/2020.
ORAL JUDGMENT : (Per Z.A. Haq,J.)
Heard.
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2 12Wp1933.17 judgment
2. RULE. Rule made returnable forthwith.
3. The claim of the petitioner for validation of his caste certificate was rejected by the respondent/Scrutiny Committee, by the order dated 21.03.2005. The petitioner had challenged this order before this Court in Writ Petition No. 3975/2009 which was dismissed on the ground of delay and latches and review application filed by the petitioner, vide Misc. Civil Application (Review) No. 1392/2009 was also dismissed.
4. The petitioner submitted an application dated 21.07.2016 to the respondent/Scrutiny Committee seeking reconsideration of his claim for validation of the caste certificate on the ground that after rejection of his claim, the caste validity certificates are granted to his cousins Mohan s/o Nagorao Nadge, Nivrutti s/o Shankarrao Nadge, Ramchandra s/o Shankarrao Nadge, Atul Madhukarrao Nadge and Arun Madhukarrao Nadge. This application is not considered by the respondent/Scrutiny Committee, and therefore the petitioner has approached this Court praying that the respondent/Scrutiny Committee be directed to take decision on the application submitted by him on 21.07.2016.
5. The respondent/Scrutiny Committee has not disputed that the caste validity certificates are issued to the above referred persons ::: Uploaded on - 10/01/2020 ::: Downloaded on - 10/01/2020 21:52:37 ::: 3 12Wp1933.17 judgment who according to the petitioner are his paternal cousins.
6. In the above facts, in our view, the interests of justice would be sub-served by passing the following order:-
(a) The respondent/Scrutiny Committee is directed to reconsider the claim of the petitioner for caste validity certificate, considering the fact that caste validity certificates are issued in favour of Mohan s/o Nagorao Nadge, Nivrutti s/o Shankarrao Nadge, Ramchandra s/o Shankarrao Nadge, Atul Madhukarrao Nadge and Arun Madhukarrao Nadge.
(b) The respondent/Scrutiny committee will be at liberty to conduct inquiry as it deems fit and proper.
(c) The decision in the matter shall be taken by the Scrutiny Committee within one year.
Rule is made absolute in the above terms. In the circumstances, the parties to bear their own costs.
JUDGE JUDGE
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