Chandrashekar S/O Ramesh Pinjarkar v. Deputy Director / Member Secretary, Scheduled Tribe Caste Scrutiny Committee, Amravati

wp5001.22.J.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.

OF 2022 Chandrashekhar S/o Ramesh Pinjarkar, Aged about 47 years, Occupation: Private Service, R/o Namuna Galli No.2, Gandhi Chowk, Amravati - 444601. ....... PETITIONER ...V E R S U S...

Deputy Director / Member Secretary, Scheduled Tribe Caste Scrutiny Committee, Having Its Office Near Government Rest House, Old Byepass Road, Chaprashi Pura, Amravati - 444602.

....... RESPONDENT ------------------------------------------------------------------------------------------- Mr. S. P. Palshikar, Advocate for Petitioner. Mr. N. S. Rao, AGP for Respondent/State.

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CORAM:

ROHIT B. DEO AND MRS. VRUSHALI V. JOSHI, JJ.

DATE:

8 th MARCH, 2023.

ORAL JUDGMENT:

(PER ROHIT B. DEO, J.) Heard. Rule. Rule made returnable forthwith by consent of the learned counsels for the parties. 2.

The challenge is to the decision dated 22.07.2021 rendered by the Scheduled Tribe Caste Scrutiny Committee whereby the claim of the petitioner to be belonging to Raj Scheduled Tribe is rejected.

3.

The petitioner has placed on record praecipe along

wp5001.22.J.odt with which are annexed copies of three decisions which according to the petitioner are rendered in the cases of near paternal relatives, who are already named in the family tree available on record.

4.

While the learned counsel for the petitioner Mr. Palshikar submitted that in view of the decisions which are placed on record, the petition may be allowed in entirety, we find that it would be more appropriate if we remit the matter to the Committee to consider the decisions placed on record and to revisit the issue if the Committee is satisfied that the decisions are rendered in cases of the near paternal relatives of the petitioner. 5.

We quash the order impugned and direct the petitioner to appear before the Caste Scrutiny Committee on 20.03.2023 and to produce on record copies of the decisions which are placed before us. The Committee shall take an appropriate decision, after hearing the petitioner, and within three weeks from the date of appearance of the petitioner. 6.

The petition is partly allowed in the aforestated terms.

(MRS. VRUSHALI V. JOSHI, J.) (ROHIT B. DEO, J.) NSN SHIVNARAYAN NIKHARE