Sujal Venkatrao Govindwad And Another v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:14403-DB 1 43.WP-14403-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14403 OF 2023

1. Sujal S/O Venkatrao Govindwad

2. Namrata D/O Nandkumar Govindwar Through her natural guardian i.e. Father Nandkumar s/o Govindrao Govindwar

...Petitioners

VERSUS

1.

The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai.

2.

Deputy Director (Research) and Member Secretary, Scheduled Tribe Certificate Verification Committee, Headquarter Chattrapati Sambhajinagar, Near CIDCO Bus Stand, Chhatrapati Sambhajinagar.

...Respondents.

...

Advocate for Petitioners : Mr. Thorat Chandrakant R. AGP for Respondent/State : Mr. K.N. Lokhande ...

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

DATE : 15 JULY 2024 PER COURT :

.

The petitioners are challenging the common order whereby the Scrutiny Committee refused to validate their tribe certificates of 'Mannervarlu' scheduled tribe.

2.

It is being pointed out that the petitioner no.1/Sujal's real sister, Vaishnavi and the petitioner no.1/Namrata's real sister Neha,

2 43.WP-14403-2023.doc both were granted certificates of validity by the orders of this Court passed way back in the year 2019 and 2021.

3.

Though while directing validity certificate to be issued to Vaishnavi, the Court had expected the Committee to decide the matter of her father's validity afresh for the alleged fraud practiced by him, within six months, nothing transpired thereafter. 4.

The petitioners cannot be denied to derive the benefit which has already been conferred upon their siblings by the orders of this Court. Hence we pass following order :

ORDER

i.

The writ petition is allowed partly.

ii.

The impugned judgment and order dated 31.10.2023 is quashed and set aside.

iii.

The respondent no.2/Scrutiny Committee shall issue tribe validity certificates of 'Mannervarlu' scheduled tribe to the petitioners.

iv.

The validity certificates shall be subject to outcome of the re-verification of the earlier validity certificates, proposed by the Scrutiny Committee.

v.

The petitioners shall not claim equities.

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