Anup Narsing Yalmalwad v. Schedule Tribe Certificate Scrutiny Committee Through Its Member Secretary

10573.22wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 WRIT PETITION NO.10573 OF 2022 ANUP NARSING YALMALWAD

VERSUS

SCHEDULE TRIBE CERTIFICATE SCRUTINY COMMITTEE THROUGH ITS MEMBER SECRETARY ....

Mr U. B. Gite, Advocate for petitioner;

Mrs R. P. Gaur, A.G.P. for respondent CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATE : 12th October, 2022 PER COURT:

1.

The petitioner's case is pending validation since 23/12/2021. He claims to be belonging to the 'Koli Mahadev' Scheduled Tribe. His father Narsing and his biological sister Kum. Pooja and biological brother Suhas, had suffered invalidation. All three of them approached this Court in Writ Petition Nos.8572/2021 and 8612/2021. By judgment dated 04/10/2021, their petitions were allowed and all three of them were granted the validity certificates for belonging to the 'Koli Mahadev' Scheduled Tribe.

10573.22wp (2) 2.

In view of the above and considering the law laid down in Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1, Nagpur, 2010 (6) Mh.L.J. 401 : AIR 2010 (6) BOM R 21, we find that the case of the petitioner could be decided expeditiously for two reasons. Firstly, that he has appeared for MS-CET examination and is aspiring to join a professional course, and secondly, vigilance cell enquiry was conducted in the case of his father and this Court has found in no uncertain words, that the petitioner's father and biological siblings are entitled for the validity certificate.

3.

In view of the above, this petition is disposed off, with a direction to respondent/Committee, to decide the claim of the petitioner, as expeditiously as possible and preferably, on or before 30/11/2022. The petitioner would render wholehearted co-operation and would not seek adjournments on unreasonable grounds.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk