Sakshi Vinayak Chaudhari v. Schedule Tribe Certificate Scrutiny Committee Through Its Member Secretary

2024:BHC-AUG:18912-DB 942.WP.8961.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8961 OF 2024 SAKSHI VINAYAK CHAUDHARI

VERSUS

SCHEDULE TRIBE CERTIFICATE SCRUTINY COMMITTEE KINWAT HQ. AURANGABAD THROUGH ITS MEMBER SECRETARY ...

Advocate for the Petitioner : Mr. Gite Umesh Babanrao AGP for Respondents: Mr. V.M. Chate ...

CORAM

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

DATE : 21.08.2024 PER COURT:

We have heard both the sides finally.

2.

The petitioner is challenging the order passed by the respondent No.2 - Scrutiny Committee refusing to validate her 'Rajgond' scheduled tribe certificate.

3.

It is being pointed out that though a separate vigilance inquiry has been conducted in the matter of petitioner, the Committee on the basis of selfsame record has refused to validate a similar tribe certificate of her brother Sumit. This Court in Writ Petition No.13701/2021, for the reasons recorded therein and after going through the judgment and order passed in his matter, directed him to be issued with a certificate of validity by setting aside the order of the Scrutiny 1/2

942.WP.8961.24.odt Committee. It is also being pointed out that validities possessed by the blood relatives like petitioner's uncle Mahesh Madhavrao Chaudhari and few other individuals were also considered by this Court while directing the certificate of validity to be issued to him. 4.

Since, admittedly, the selfsame record was subject matter of the Scrutiny in the matter of petitioner's real brother Sumit and still this Court had found him entitled to have a certificate of validity making it subject to the outcome of the matters of the validity holders which the Committee had decided to reopen, the propriety demands that even the petitioner should get a similar certificate of validity with a similar condition.

5.

The writ petition is allowed partly. The impugned order is quashed and set aside. The committee shall immediately issue tribe validity certificate to the petitioner as belonging to 'Rajgond' scheduled tribe, which shall be subject to the decision to be taken by the committee in the reopened matters.

6.

The petitioner shall not be entitled to claim equities. (SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 2/2