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Bombay High CourtWP/2072/2022disposed off

Tanushri D/O Kishor Nemade v. The Vice- Chairman/Member-Secretary, S.T. Caste Certificate Scrutiny Committee, Amravati

2022-08-26Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Justice Urmila Joshi Phalke2 pages

2608wp2072.22 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2072 OF 2022 (Tanushri d/o Kishor Nemade vs. The Vice Chairman/Member Secretary, Scheduled Tribe Caste Certificate Scrutiny Committee) ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s orders or directions and Registrar'

s orders.

Ms. Preeti Rane, Advocate for petitioner.

Mrs. K.R. Deshpande, Assistant Government Pleader for respondent.

-------- CORAM : A.S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ. DATED : AUGUST 26, 2022 Rule. Rule is made returnable forthwith. Heard learned Counsel for the parties.

2) The petitioner has challenged the order of invalidation dated 23/12/2021 passed by the Scrutiny Committee. It is common ground that the petitioner's father Kishor had filed Writ Petition No.6312/2018, which was decided on 14/2/2020. Therein, the order of invalidation passed by the Scrutiny Committee was set aside and it was held that the petitioner'

s father belongs to "Thakur"

(Scheduled Tribe).

3) In the light of this adjudication, which has not been stated to be further challenged, the petitioner would be entitled to similar relief in the light of the judgment in the case of Apoorva d/o Vinay Nichale vs. Divisional Caste Certificate

2608wp2072.22 2/2 Scrutiny Committee, No.1 and others (2010(6) Mh.L.J. 401). 4) Hence, for the reasons assigned in the judgment passed in Writ Petition No.6312/2018 on 14/2/2020, the order passed by the Scrutiny Committee dated 23/12/2021 is set aside. It is declared that the petitioner belongs to "Thakur" (Scheduled Tribe). The Scrutiny Committee shall issue a validity certificate to the petitioner within a period of six weeks from receipt of copy of this order. The petitioner is free to rely upon copy of this order while pursuing her education till validity certificate is issued to her.

5) The petition is disposed of in the above terms. Rule accordingly. No costs.

JUDGE JUDGE khj JESWANI