Khushal S/O Sanjeev Dhote v. The Scheduled Tribe Certificate Scrutiny Committee, Thr. Its Member Secretary And Dy. Director

WP.4319.21.J

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR, NAGPUR.

...

WRIT PETITION NO. 4319/2021 * Khushal s/o Sanjeev Dhote Aged about 20 years, occu: Education R/o Plot No.39, Opp. Police Station, Smurti Nagar, Dattawadi, Nagpur.

..PETITIONER v e r s u s The Scheduled Tribe Certificate Scrutiny Committee Through its Member-Secretary & Deputy Director, Nagpur Division, Tah. & Dist. Nagpur.

..

R ESPONDENT .................................................................................................................. Mr S.K. Patil, Advocate for petitioner Mr.D.P. Thakare, Addl. Govt. Pleader for respondent ................................................................................................................

CORAM

: SUNIL B. SHUKRE & ANIL L. PANSARE, JJ DATE D : 9th December, 2021.

ORAL

JUDGMENT

: (PER SUNIL B.SHUKRE, J.) 1.

Heard learned counsel for the petitioner and learned Additional Government Pleader, who waives service of notice on behalf of the respondent.

2.

Rule. Rule made returnable forthwith. Heard finally with consent of respective parties.

3.

Learned Additional Government Pleader on instructions submits that the petitioner had earlier filed application on both

WP.4319.21.J occasions, but those applications were rejected on the ground that they were not made in proper form. He further submits on instructions that the Respondent-Scrutiny Committee is ready to decide the application of the petitioner for scrutiny of the tribe claim in accordance with law as expeditiously as possible, provided the petitioner makes an application for scrutiny in proper form.

4.

Learned counsel for the petitioner on instructions submits that the petitioner is ready to do so.

5.

We, therefore, grant liberty to the petitioner to make a fresh application in proper form to the respondent-Scrutiny Committee within a period of one week from the date of the order and if such an application is made, we further direct the Scrutiny Committee to decide the same in accordance with law within a period of two months from the date of appearance of the petitioner. We, however, make it clear that if the application which may be filed in pursuance of this order by the petitioner is not found to be in proper form, the Scrutiny Committee shall have discretion to deal with the same like it would have in such matters, in law.

6.

Rule is made absolute in the above terms. No costs. JUDGE JUDGE sahare BHAGWANTRAO SAHARE Location: