Arya Ranjit Thakur Through Natural Guardian Father Ranjit Prakashtrao Thakur v. Scheduled Tribe Certificate Scrutiny Committee Through Its Member Secretary

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO.7224 OF 2022 ARYA RANJIT THAKUR THROUGH NATURAL GUARDIAN FATHER RANJIT PRAKASHTRAO THAKUR

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE THROUGH ITS MEMBER SECRETARY AND 915 WRIT PETITION NO.7246 OF 2022 RAJAT GIRISH THAKUR THROUGH NATURAL GUARDINA FATHER GIRISH VITHALRAO THAKUR

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE THROUGH ITS MEMBER SECRETARY Mr.Sagar S. Phatale, Advocate for the petitioners Mr. S. G. Sangle, AGP for the respondents/State CORAM:RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ.

DATE:13th July, 2022 P. C.

1.

These two petitioners are minors and cousin brothers, who have approached this court through their respective fathers. Their claim of belonging to 'Thakur' Scheduled Tribe was

(2) tendered to the Committee in November, 2021. Both are in the XII standard as on date and both intend to seek admission in the professional courses/appear for competitive exams.

2.

The learned advocate for the committee submits that the committee is under great pressure. The committee is preparing a data by which, all time bound matters under directions from the High Court will be taken up on warfooting. There could be hundreds of such matters. The Committee will have to consider each case meticulously.

3.

The learned advocate for the petitioners points out that Balaji Pandurang Thakur, who is the cousin uncle (cousin brother of their fathers), was before this court in writ petition

(3) No.1309/1999 with regard to the invalidation of his claim vide order dated 15-06-1998 passed by the committee, which is prior to the introduction of the Scheduled Caste and The Maharashtra Scheduled Caste, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomedic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. Though the petition was filed in the year 1999, it was decided by judgment and order dated 01-10-2003 based on the position as it stood prior to the introduction of the said Act. The learned advocate for the petitioners submits that there are, in all 11 validity holders in the family tree as is indicated by the affidavit placed at page No. 15. 4.

In view of the above, both these

(4) petitions are disposed off with the following directions:- a] The competent committee shall ensure that the Vigilance Cell completes the enquiry and prepare it's report by 0509-2022, and deliver a copy of the same to the petitioners, on or before 12-092022.

b] The biological fathers of these two petitioners would appear before the competent committee on 16-09-2022 alongwith their written submissions.

c] The competent Committee shall deliver it's order, on or before 04-102022.

[ANIL L. PANSARE, J.] [RAVINDRA V. GHUGE, J.] VishalK/wp7224.22