Aditya S/O Diwakar Jivtode v. S.T. Certificate Scrutiny Committee, Chandrapur, Thr. Chairman, Committee For S.T. Claims And ORS

1 916 wp6163.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.6163 of 2024 Aditya s/o Diwakar Jivtode Vs. Scheduled Tribe Certificate Scrutiny Committee and others Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. Prashant Dhok, Advocate for petitioner.

Mr. A.S.Fulzele, Addl. G.P. for respondent nos.1,2 and 4. CORAM : NITIN W. SAMBRE & MRS. VRUSHALI V. JOSHI, JJ. DATE : OCTOBER 23, 2024.

1.

Heard.

2.

The order impugned is dated 28th August 2023 passed by the respondent-Committee, whereby instead of adjudicating the claim of the petitioner on merit, the Committee has refused to adjudicate the claim of the petitioner with liberty to the petitioner to approach fresh. 3.

We have perused the scheme, particularly, sub-rule (9) of Rule 12 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, contemplates the decision to be given by the Committee on merits of the matter.

3.

It is not open for the respondent-Committee to return the claim to the petitioner without adjudication.

4.

That being so, the order impugned dated 28th August, 2023 is hereby quashed and set aside.

2 916 wp6163.2024.odt 5.

The petitioner is permitted to appear before the respondentCommittee on 18th November, 2024. 6.

The Committee is directed to decide the claim of the petitioner expeditiously and in any case within a period of six months thereafter. (MRS.VRUSHALI V. JOSHI, J.) (NITIN W.SAMBRE, J.) Mukund Ambulkar