Bombay High CourtCAW/1325/2024rejected

Ku. Jaya Santosh Thakur v. The S.T. Caste Certificate Scrutiny Committee, Yavatmal Thr. Member Secretary

2024-04-30Hon'Ble Shri Justice Avinash G. Gharote,Hon'Ble Smt. Justice M. S. Jawalkar2 pages

(1) 929 wp 2945-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO. 1325 OF 2024 IN WRIT PETITION NO. 2945 OF 2023 Ku. Jaya Santosh Thakur Vs.

The Scheduled Tribe Caste Certificate Scrutiny Committee, Yavatmal, through its Member Secretary - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - Shri R.S. Parsodkar, Advocate for the petitioner Shri S..I. Ghatte, Advocate for intervenor Shri S.M. Uke, Addl.G.P. for respondent CORAM : AVINASH G. GHARO TE AND SMT M.S. JAWALKAR, JJ.

DATE :

30/04/2024 The present application is filed, by the intervenor/applicant who is an Organization for Rights of Tribal (OFROT), for grant of permission to intervene in the matter. The caste claim is an exclusively personal claim, any outsider can't interfere and prevent a party from proving the personal claim in accordance with law. In such cases, the personal claim is required to be proved before the Authority appointed for the purpose under the relevant statute and the question that is to be decided would only be whether such personal claim is proved or not. If in such nature of the proceeding, if any outsider, are permitted to barge in and start opposing the claims, the proceedings would be reduced to an adversarial proceeding as if, some private dispute is going on

(2) 929 wp 2945-2023 between the parties. The proceedings are held only for verifying as to whether the candidate or applicant has established his claim or not. As such, the applicant would not have any right to intervene in the matter. The applicant was not party before the Caste Scrutiny Committee, as such, application is rejected.

(SMT M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) Jayashree..