Abhijeet Annasaheb Nikam v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad Through Member Secretary And Another

Writ Petition No.6514/2019 (( 1 ))

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6514 OF 2019 Abhijeet Annasaheb Nikam ... PETITIONER

VERSUS

Scheduled Tribe Certificate Scrutiny Committee & anr.

... RESPONDENTS .......

Mr. S.S. Phatale, Advocate for the petitioner Mrs. M.A. Deshpande, A.G.P. for respondent - State .......

CORAM : SUNIL P. DESHMUKH AND R. G. AVACHAT, JJ.

DATE :

17th DECEMBER, 2020.

OPERATIVE ORDER :

1.

Impugned order dated 8th February 2019 passed by respondent No.1 Scrutiny Committee is quashed and set aside. Respondent No.1 Committee is directed to forthwith issue requisite validity certificate to the petitioner of being 'Thakur' Scheduled Tribe forthwith which would be subject to decision, in proceedings if are reopened in case of any validity holder relied on by petitioners, as it is stated that validity holder's tribe claims are being re-investigated. If the proceeding for cancellation of caste validity holders are answered against such certificate holders, it shall be open for

Writ Petition No.6514/2019 (( 2 )) the respondent committee to issue show cause notice to the petitioner as to why the validity certificate granted to the petitioner should not be cancelled and it will be open for the committee to take those proceeding to its logical end. Needless to say that the certificate issued to the petitioner is subject to the outcome of the proceeding for cancellation of validity issued in favour of his blood relations. ( R. G. AVACHAT ) ( SUNIL P. DESHMUKH ) JUDGE JUDGE fmp/-