Ku. Lavanya D/O Yogesh Gonnade, Thr. Natural Guardian Father Yogesh Namdeorao Gonnade v. S. T. Caste Certificate Scrutiny Committee, Gadchiroli, Thr. Its Joint - Commissioner.

Judgment wp3544.22 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR WRIT PETITION NO.3544 OF 2022 Ku.Lavanya d/o Yogesh Gonnade, Aged about 17 years, occupation student, Through her Natural guardian father Yogesh Namdeorao Gonnade, aged about 50 years, r/o plot No.38, Sant Saikrupa Housing Society, Narendra Nagar, Nagpur, Nagpur-440015. ..... Petitioner. :: V E R S U S ::

Scheduled Tribe Caste Certificate Scrutiny Committee, Gadchiroli, through its Joint-Commissioner. ..... Respondent. ========================================= Shri M.D.Lakhey, Counsel for the Petitioner.

Shri D.P.Thakare, Additional Government Pleader for the Respondent. =========================================

CORAM

: A.S.CHANDURKAR & URMILA JOSHI-PHALKE , JJ .

DATE : 11/7/2022 ORAL JUDGMENT (Per : A.S.Chandurkar, J.) 1.

Heard the learned counsel Shri M.D.Lakhey for the petitioner and the learned Additional Government Pleader Shri D.P.Thakare for the respondent. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties. 2.

The petitioner seeks a direction to be issued to the Scrutiny Committee to expeditiously decide the tribe claim and issue a Validity Certificate. It is the case of the petitioner that her father has been issued Validity Certificate pursuant to the judgment of this Court .....2/-

Judgment wp3544.22 1 in Writ Petition No.4667 of 2004 (Yogesh Namdeorao Gonnade vs. State of Mah., through its Secretary, General Administration Department, Mantralaya, Mumbai-32 and ors) decided on 11.10.2013. Subsequently, the petitioner's sister has also been issued Validity Certificate by the Scrutiny Committee itself on 29.9.2018. 3.

Considering the fact that the petitioner's father and sister have been issued Validity Certificates, by following the law laid down by this Court in Apoorva d/o Vinay Nichale vs. Divisional Certificate Scrutiny Committee No.1 and others [2010(6) Mh.L.J. 401], the Scrutiny Committee is directed to issue Validity Certificate to the petitioner of belonging to 'Halba' Scheduled Tribe. The Validity Certificate be issued within a period of ten days from the date of production of a copy of this judgment.

4.

The writ petition is allowed. The Rule is made absolute in the aforesaid terms with no order as to costs. (URMILA JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.) by BHUSHAN RANA WANKHEDE Date:

2022.07.26 13:13:21 +0530 !! BrWankhede !!

BHUSHAN RANA WANKHEDE ...../-