Sunil Awdhoot Pawar v. The Scheduled Tribes Certificate Scrutiny, Amravati, Thr. Member Secretary And Others

2025:BHC-NAG:7479-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3729 OF 2020 Sunil Awdhoot Pawar, aged 46 years, Occup.

Assistant Teacher, Shivaji High School, Masrul r/o Masrul tq. and dist. Buldhana.

Petitioner -Versus1.

The Scheduled Tribes Certificate, Scrutiny, Amravati through its Member Secretary, Chaprasipura, Amravati.

2.

Shree Shivaji Shikshan Sanstha Amravati through its Secretary, Shivaji Nagar, Panchavati Chowk, Amravati, tq. and dist.

Amravati.

3.

Shivaji High School Mastrul, through its Head Master, Masrul, tq. District Buldhana.

Respondents --------------------------------------------------------------------------- Mr.P.R.Parsodkar, counsel for the petitioner. Mr.H.R.Dhumale, AGP for respondent No.1.

Mr.A.P.Kalmegh, counsel for respondent No.2.

--------------------------------------------------------------------------- CORAM : ANIL S. KILOR AND MRS.VRUSHALI V. JOSHI, JJ.

DATE : 30th July, 2025.

ORAL JUDGMENT (Per : Anil S. Kilor, J.)

(1) Heard.

(2) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the respective parties.

(3) In the present matter the invalidation of Tribe claim of the petitioner as 'Thakur' Scheduled Tribe is under challenge. The Committee has invalidated the claim of the petitioner vide it's order 20.11.2020. (4) The learned counsel appearing for the petitioner points out at the outset that the daughter of the petitioner Vedika and the daughter of his real brother Pallavi has received the validities as Thakur Scheduled Tribe. The learned counsel appearing for the petitioner points out the judgments passed in the Writ Petitions are filed by Ms.Vedika Sunil Pawar and Pallavi Prakashrao Pawar. It is evident from both the judgments that this Court has granted validity to the daughter of the petitioner as well as to the niece of the petitioner. While granting the validity to the daughter of petitioner in Writ Petition 622 of 2023 ( Ms.Vedika Sunil Pawar vs. The Scheduled Tribe Caste Certificate Committee) passed on 10/04/2023, the Court in paragraph No.3 has observed as under.

"Heard the learned counsel for the parties.

It is not in dispute that the petitioner's uncle Prakash as well as her cousins Pallavi and Aditya have been held to belong to "Thakur" Schedule Tribe pursuant to the judgment of this Court in Writ Petition Nos.6022 and 6457 of 2-17. By the judgment dated 05/03/2019, this Court considered the document dated 22/09/2018 relating to the petitioner's great

grandfather Tukaram with the entry "Thakur". The subsequent entry of the year 1930 as "Bhat" has also been taken into consideration. After considering all relevant documents, this Court directed issuance of validity certificate to the petitioner's uncle and cousins. We find that the petitioner is relying upon very same documents and therefore, in view of judgment of Apporva Vinay Nichale V. Divisional Caste Certificate Scrutiny Committee No.1 and others, reported in 2010 (6) Mh.L.J.401, the petitioner would be entitled for the benefit of the same".

(5) In view of above referred facts and the reasons recorded in the judgment in Writ Petition Nos. 6022 and 6457 of 2017, wherein it is held that the petitioner has proved that he belong to Thakur Scheduled Tribe, we allow the writ petition. The order passed by the Caste Scrutiny Committee dated 20.11.2020 is hereby quashed and set aside. The respondent Scrutiny Committee is directed to issue validity certificate to the petitioner within a period of four weeks from the receipt of the copy of this judgment.

(6) Accordingly Rule is made absolute in the aforesaid terms.

(7) No orders as to costs.

(MRS.VRUSHALI V. JOSHI, J) (ANIL S. KILOR, J) Kavita