Shivanand Vijay Chaudhari v. Scheduled Tribe Certificate Scrutiny Committee And Others

1383.22WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 WRIT PETITION NO.1383 OF 2022 SHIVANAND VIJAY CHAUDHARI

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE, AURANGABAD & OTHERS ...

Advocate for the petitioner : Mr.Mahesh S. Deshmukh AGP for Respondent-State : Mr.A.R.Kale ...

CORAM : S.V.GANGAPURWALA & S.G.DIGE, JJ.

DATE : 31.01.2022 P.C. :

1] The caste claim of the petitioner as belonging to Rajgond Scheduled Tribe is invalidated.

2] The caste claim of the petitioner is invalidated under the common judgment dated 2nd December, 2021 in case of the present petitioner and one Sumit Vinayak Chaudhari; both are paternal cousins.

3] Mr.Deshmukh, learned counsel for the petitioner submits that this Court under order dated 8th December, 2021 has directed the Committee to issue validity to Sumit Vinayak Chaudhari.

1383.22WP 4] We have heard learned counsel for the petitioner and learned AGP.

5] The relationship of the petitioner with Sumit Vinayak Chaudhari that of paternal cousin is not disputed. Even otherwise the Committee had invalidated the claim of the present petitioner and Sumit Vinayak Chaudhari under common judgment, meaning thereby same vigilance is being relied and both are parental cousins. In view of the judgment dated 8th December, 2021 passed by this Court in Writ Petition No.13701 of 2021, we follow the same course and pass the following order :

ORDER

[a] The Committee shall issue validity certificate to the petitioner of 'Rajgond' Scheduled Tribe.

[b] The said validity certificate shall be subject to the decision that would be taken by the Committee in the proceedings re-opened of the validity holders relied by the petitioner.

6] The Writ Petition is disposed of. No costs.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.] DDC