Kaustubh Sudhakar Bhamare And ANR v. State Of Maharashtra Through Secretary, Tribal Development Dept. And ORS
2023:BHC-AS:26355-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3102 OF 2021 WITH INTERIM APPLICATION (L) NO. 99538 OF 2020 1.
Kaustubh Sudhakar Bhamare Aged 18 years, Occ. Student 2.
Chetashri Sudhakar Bhamare Aged--- years, Occ. Student Both residing at Post Pimpalner Tal. Sakri, Dist. Dhule
...Petitioners
Versus
1.
State of Maharashtra through its Secretary, Tribal Development Department, Mantralaya, Mumbai-400 032 2.
Scheduled Tribe Certificate Scrutiny Committee, Nandurbar through its Member Secretary, having its office at Nandurbar Dist. Nandurbar.
3.
Commissionerate and Competent Authority, Government of Maharashtra, having its office at New Excelsior Building, A. K. Naayak Marg, Fort, Mumbai-400 001.
4.
K. K. Wagh Polytechnic Through its Principal having its Office at Panchavati, Nashik, Dist. Nashik.
5.
Bansilal Ramnath Agarwal Charitable Trust's, Vishwakarma Ashvini Kakde page 1 of 4 910-wp-3102-2021.doc
Institute of Technology, Bibwewadi.
6.
The Commissioner and Competent Authority, State Common Entrance Test Cell, Maharashtra State, Mumbai-Tribal having its office at 8th floor, New Excelsior building, A.K. Nayak Marg, Fort Mumbai-400 001 7.
Scheduled Tribe Certificate Scrutiny Committee Dhule Division, Dhule through its Member Secretary having its Office at Sindhu Manik Building, near Ek-vira High School, Deopur, Dist. Dhule.
...Respondents
---- Mr. R. K. Mendadkar a/w. Ms. Komal Gaikwad for the Petitioner. Mr. Amit Singh i/b. Abhay Nevagi & Associates for Respondent No.5. Mr. V. M. Mali, AGP for Respondent Nos.1 &2-State. ---- CORAM : SUNIL B. SHUKRE, AND FIRDOSH P. POONIWALLA, J.J.
DATE : 6th SEPTEMBER 2023 ORAL JUDGMENT (Per Sunil B. Shukre, J.):
1.
Leave to amend the cause title is granted to the Petitioners so as to add Schedule Tribe Certificate Scrutiny Committee, Dhule Division ("Scrutiny Committee") as party Respondent to this Petition. Amendment be carried out forthwith.
2.
Rule. Rule made returnable forthwith.
3.
Heard finally by consent of the parties.
Ashvini Kakde page 2 of 4 910-wp-3102-2021.doc
4.
On going through the impugned order, we find that Scrutiny Committee has not considered the core issue involved in the Petition which pertains to the basis of validity certificate granted to Jamsing Handusing Bhamare, paternal uncle of the Petitioners. The basis of grant of validity certificate to Jamsingh Handusing Bhamare was the certificate of validity granted to Amol Dilipsing Bhamare, paternal cousin of the Petitioners and Amol Dilipsing Bhamare was granted validity certificate on the basis of the directions given by this Court, in Writ Petition No. 3117 of 1996 decided on 18/06/1996.
We also find that Scrutiny Committee has not considered in any manner pre-constitution entries namely, entry dated 24/04/1926 standing in relation to Handu Lakdu Thakur, entry dated 16/07/1937 standing in relation to Thansing Lakde Bhamare and entry dated 13/06/1941 standing in relation to Harsing Lakde Thakur. Such non consideration of the core issue and documents relating to the claim of the Petitioners has resulted in rendering the impugned order as bad in law deserving it being quashed and set aside by this Court. 5.
Accordingly, the Petition is allowed. Impugned order is hereby quashed and set aside. Matter is remanded back to Schedule Tribe Certificate Scrutiny Committee, Dhule Division, the Scrutiny Committee now having the jurisdiction over the claim, for reconsideration and decision afresh in the matter.
Ashvini Kakde page 3 of 4 910-wp-3102-2021.doc
6.
Leave is granted to the Petitioners to produce on record the copy of the Validity Certificate granted to Amol Dilipsing Bhamare and also copy of the order dated 18/06/1996 passed in Writ Petition No. 3117 of 1996 and other documents before the Scrutiny Committee. 7.
Scrutiny committee is directed to decide the tribe claim of the Petitioners afresh in accordance with law by considering the evidence already available on record and also the additional evidence that has been permitted to be produced before it, as early as possible and preferably within a period of eight weeks from the date of appearance of the Petitioners before the Scrutiny Committee.
8.
Petitioners shall appear before the Scrutiny Committee on 20th September 2023 at 11.30 a.m.
9.
Rule is made absolute in above terms. No costs. 10.
Interim Application is disposed of in terms of the final order. (FIRDOSH P. POONIWALLA, J.) (SUNIL B. SHUKRE, J.) Ashvini Kakde page 4 of 4 910-wp-3102-2021.doc