2019 NearLaw (BombayHC Nagpur) Online 1778
Bombay High Court

JUSTICE R. K. DESHPANDE JUSTICE VINAY JOSHI

Aditya son of yashwant Nanaware Vs. State of Maharashtra & Ors.

WRIT PETITION No. 3499/2019

18th July 2019

Petitioner Counsel: Shri P. P. Dhok
Respondent Counsel: Ms. N. P. Mehta
Act Name:

The petitioner claims to be belonging to Mana Scheduled Tribe, which is an entry at Sr.No18 in the Constitution (Scheduled Tribes) Order, 1950.
It is urged that petitioner has produced preconstitutional documents, as well as validity certificates issued in favour of his family members, however, the Committee has erroneously rejected his caste claim.
The petitioner has brought to our notice that, by same impugned order, caste claim of his father namely Yeshwant Gajanan Nanaware, was rejected by the Committee, but, in Writ Petition No 4966/2018, this Court vide its order dated 15.10.2018, directed the Committee to issue validity certificate to his father Yeshwant, as belonging to 'Mana' Scheduled Tribe.
In short the controversy is well covered by the decision rendered in Writ Petition No4966/2018, by which validity certificate is directed to be issued to petitioners' father.
Said Committee is directed to issue validity certificate in favour of present petitioner as belonging to Mana Scheduled Tribe.
Said Committee is directed to issue validity certificate in favour of present petitioner as belonging to “Mana” Scheduled Tribe.
(iii) Rule is made absolute in aforesaid terms, with no order as to costs.

Section :

Cases Cited :

JUDGEMENT

VINAY JOSHI, J.

Rule made returnable forthwith. Heard finally by consent of learned Counsel present for respective parties.

2. The petitioner has challenged rejection of his caste claim by respondent no.2 Scrutiny Committee, vide impugned order dated 14.06.2018. The petitioner claims to be belonging to “Mana” Scheduled Tribe, which is an entry at Sr.No.18 in the Constitution (Scheduled Tribes) Order, 1950.

3. It is urged that petitioner has produced preconstitutional documents, as well as validity certificates issued in favour of his family members, however, the Committee has erroneously rejected his caste claim. The petitioner has brought to our notice that, by same impugned order, caste claim of his father namely Yeshwant Gajanan Nanaware, was rejected by the Committee, but, in Writ Petition No. 4966/2018, this Court vide its order dated 15.10.2018, directed the Committee to issue validity certificate to his father – Yeshwant, as belonging to 'Mana' Scheduled Tribe.

4. In short the controversy is well covered by the decision rendered in Writ Petition No.4966/2018, by which validity certificate is directed to be issued to petitioners' father. In the circumstances, writ petition has to be allowed, hence, the following order.

ORDER
(i) Writ Petition No.3499/2019 is allowed.
(ii) The order dated 14.06.2019, passed by respondent no.2 Chairman, Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli is hereby quashed and set aside. Said Committee is directed to issue validity certificate in favour of present petitioner as belonging to “Mana” Scheduled Tribe.
(iii) Rule is made absolute in aforesaid terms, with no order as to costs.