Pragati Pandharinath Kanthewad v. Scheduled Tribe Certificate Scrutiny Committee Nandurbar And Others

2024:BHC-AUG:11286-DB 1014 WP 9086 OF 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1014 WRIT PETITION NO. 9086 OF 2019 PRAGATI PANDHARINATH KANTHEWAD

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE NANDURBAR AND OTHERS ...

Advocate for the Petitioner : Mr. Umesh Gite h/f Mr. Deshmukh Mahesh S. AGP for Respondent nos. 1 & 2 : Mr. P.S. Patil

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 20.06.2024 PER COURT :

Heard both the sides finally at the stage of admission. 2.

The petitioner is challenging the judgment and order of the respondent-scrutiny committee invalidating her claim, whereby confiscating and cancelling her tribe certificate of 'Mannervarlu' scheduled tribe. 3.

We need not undertake any threadbare scrutiny and it would suffice for the purpose to observe that admittedly petitioner's father Pandharinath, and his two real brothers, Raghunath and Vaijnath possess certificates of validity. Even her sister Pratidnya was directed to be issued with a certificate of validity by the division bench at the Principal Seat. Based on all these, petitioner's another sister Haripriya was also directed to be issued with a certificate of validity by the order passed in Writ Petition (Stamp) No. 22285/2020 with connected matters, by the order dated 07.12.2020. 4.

Haripriya was directed to be issued with a certificate of validity by observing that it would be subject to the decision, if any, in respect of the 1/2

1014 WP 9086 OF 2019.odt review of the judgment and order that was to be preferred in respect of the decision of the division bench in the matter of Pratidnya. Learned A.G.P. informs that till date no such review has been preferred. 5.

We allow the writ petition. The impugned judgment and order is quashed and set aside. The respondent-committee shall immediately issue a certificate of validity to the petitioner, which shall be subject to a similar condition as was imposed by this Court in the matter of Haripriya. ( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 2/2