Poonam Shivram Budhware v. The Scheduled Tribe Certificate Scrutiny Committee Through Its Member Secretary

2024:BHC-AUG:20764-DB 1 938.WP-9719-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9719 OF 2024 POONAM SHIVRAM BUDHWARE

VERSUS

THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE THROUGH ITS MEMBER SECRETARY ...

Advocate for Petitioner : Mr. Phatale Sagar S AGP for Respondents/State : Mr. R.S. Wani ...

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

DATE : 05 SEPTEMBER 2024 PER COURT :

.

The petitioner's proposal is pending with the Scrutiny Committee for decision of the tribe claim.

2.

The learned advocate for the petitioner submits that considering the fact that today was the last date for the petitioner to ensure her admission, she was present before the Committee yesterday. When pursuant to the directions of this Court, matter of her blood relative - Nayan Baliram Budhware was being taken up by the Committee for adjudication, she had requested the Committee members to decide her matter as well. But they refused stating that they were directed by the High Court to decide only Nayan's matter and could not decide her matter.

2 938.WP-9719-2024.doc 3.

When Nayan, admittedly, was relying upon the validity of present petitioner's father, the propriety as well as the convenience demanded that the Committee could have rather, should have taken up petitioner's matter and decided it together with that of Nayan by the selfsame order, still, this is the attitude of the members of the Committee. It clearly demonstrates either this is being done for extraneous reasons or vindictively. Both cannot be tolerated. 4.

Let these observations be brought to the notice of the Commissioner of Tribal Welfare Department and its copy be sent to the Principal Secretary of the Department and the Chief Secretary of the State.

5.

Let the petitioner appear before the Committee tomorrow i.e. 06.09.2024. The Committee thereafter shall decide her proposal as early as possible.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb..