Aaryan S/O Sanjay Kakade v. The S. T. Caste Certificate Scrutiny Committee, Amravati Thr. Member Secy. And Deputy Director

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3634 OF 2021 Aaryan s/o Sanjay Kakade, aged about 19 years, occupation :

student, r/o 1101, Kedar Wing, Yashodham Enclave, Prashant Nagar, Nagpur.

...

Petitioner - Versus - The Scheduled Tribe Caste Certificate Scrutiny Committee, through its Member Secretary and Deputy Director, Sanna Building, Opp.

Government Rest House, Camp, Amravati - 444601.

... Respondent ----------------- Shri A. Deshpande, Advocate for petitioner.

Shri A.S. Fulzele, Additional Government Pleader for respondent. ----------------

CORAM

: SUNIL B. SHUKRE AND ANIL S. KILOR, JJ.

DATED : SEPTEMBER 21, 2021 ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

Heard Shri Deshpande, learned Counsel for the petitioner, and Shri Fulzele, learned Additional Government Pleader, who appears by waiving notice for the respondent.

2) Rule, returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

3) It is stated by Shri Deshpande, learned Counsel for the petitioner, that the application of the petitioner seeking verification of his tribe claim is pending with the respondent Committee since 13/6/2020 and there already exists one validity in the family of the petitioner or to be precise, in favour of the father of the petitioner. 4) Considering the above referred facts, we are of the view that proceedings in the present case can be reasonably concluded by the respondent Committee within a period of four weeks from the date of receipt of this judgment, specially in view of the provisions made in Rule 12 of the Maharashtra Scheduled Castes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012.

5) In view of above, we direct the respondent Committee to decide the tribe claim of the petitioner in accordance with law within a period of four weeks from the date of receipt of this judgment. Rule

accordingly. No costs.

JUDGE JUDGE khj