Chetan Vilas Nikam v. Scheduled Tribe Certificate Scrutiny Committee Through Its Member Secretary
2025:BHC-AUG:30828-DB 2-sr47.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.12945 OF 2025 Chetan s/o. Vilas Nikam vs.
Scheduled Tribe Certificate Scrutiny Committee ---- Mr.Sagar Phatale, Advocate for petitioner Mr.K.K.Naik, AGP for respondent - sole ----
CORAM
:
R.G.AVACHAT AND ABASAHEB D. SHINDE, JJ.
DATE :
NOVEMBER 10, 2025 ORDER :- Heard.
2.
By this Writ Petition, the petitioner is taking exception to the order dated 30.09.2025 passed by respondent - Scrutiny Committee by which the tribe claim of the petitioner as belonging to "Thakur", Scheduled Tribe has been invalidated. 3.
Learned counsel for the petitioner invited our attention to the order passed by this court in the case of Priya Annasaheb Nikam through Annasaheb Narayan Nikam Vs. Director of Technical Education (Writ Petition No.8194 of 2019 decided on 15.07.2019), wherein this court has granted validity to the said petitioner. Similarly, this court in the case of Tanushree d/o. Dilip
2-sr47 Nikam Vs. The State of Maharashtra and ors. (Writ Petition No.13417 of 2018 decided on 08.11.2019), has also granted validity to the petitioner therein.
4.
The learned counsel for the petitioner contends that the persons in favour of whom this court has granted validity, are close relatives and therefore, seeks grant of validity in favour of the present petitioner.
5.
On the other hand, learned AGP, relying on the observations of the respondent - Scrutiny Committee, contends that so far as the order of this court in the case of one of the validity holders namely, Tanushree, the Scrutiny Committee is intending to file review application, seeking review of the order of this court. In our considered view, this cannot be a ground to discard the claim of the petitioner for grant of validity so long as the validity certificate granted in favour of Tanushree (supra) holds the field. 6.
In view of the above, we pass the following order:-
ORDER
(i) The Writ Petition is allowed.
(ii) The impugned order passed by the respondent - Scrutiny Committee is hereby quashed and set aside.
2-sr47 (iii) The respondent - Scrutiny Committee is directed to issue validity in favour of the petitioner as belonging to "Thakur", Scheduled Tribe, within a period of four weeks from the date of receipt of a copy of this order.
[ABASAHEB D. SHINDE, J.] [R.G. AVACHAT, J.] KBP