Kalyani Damodhar Nannaware Through Damodhar Ramkrishna Nannaware v. The Vice-Chairman / Member Secretary,

1 916.7561.18 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7561 OF 2018 Kalyani D/o Damodhar Nannaware .....Petitioner V/s.

The Vice Chairman/Member Secretary, .....Respondent Scheduled Tribe Caste Certificate Scrutiny Committee, Gadchiroli.

Ms. Priti Rane for the petitioner Mr. A. S. Kumbhakoni AG a/w Mr. Bhushan Samant AGP for respondent State Mr. Pravin Thete & Vinod Pandi Law Officers.

CORAM : SHANTANU KEMKAR AND NITIN W. SAMBRE, JJ.

DATE :

JULY 26, 2018.

P.C.

Impugned in the present petition is the order dated 02/07/2018 passed by respondent Committee negating thereby the claim of the petitioner as belonging to Scheduled Tribe 'Mana'. Iresh Siddharam Mashal After having heard the petitioner and the learned counsel for by Iresh Siddharam Mashal Date:

2018.08.02 12:11:13 +0530

2 916.7561.18 wp.doc the petitioner and the learned counsel for the respondent what is noticed from the Vigilance Cell Report is 1947 entry as belonging to 'Mana' Tribe of her great grandfather Soma @ Paiku and 02/07/1953 entry of her grandfather namely Ramkrushna son of Soma are not at all referred dwell upon by the Scrutiny Committee. The Scrutiny Committee discarded other old entries without any justifiable reasons.

That being so, the matter is remanded back to the Scrutiny Committee by quashing the order impugned. The petitioner to appear before the Committee on 31/10/2018 with her explanation to the Vigilance Cell report and so also treat the existing order as show cause notice. Let the Tribe claim of the petitioner be decided by 31/01/2019.

Petition stands allowed.

[NITIN W. SAMBRE, J.] [SHANTANU KEMKAR, J.]