Nandini D/O. Shrikant Gajabhe v. State Of Maharashtra, Thr. Its Secretary, Tribal Development Dept., Mumbai And Another

WP 5550-21 Judgment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5550/2021 Nandini D/o Shrikant Gajabhe, aged about 18 years, Occ.-Student, R/o Flat No.I-1202, Bramhagiri, MHADA Towers, Pimpri Waghere, Pune-411017.

PETITIONER .....VERSUS.....

1.

State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32.

2.

Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli, through its Member-Secretary, Complex area, Dist. Gadchiroli.

R ESPONDENT S Shri Shankar D. Borkuta, counsel for the petitioner. Mrs. K.R. Deshpande, Assistant Government Pleader for the respondents. CORAM : A. S. CHANDURKAR AND SMT.PUSHPA V. GANEDIWALA, J J . D ATE : 01 ST FEBRUARY, 2022 .

ORAL

JUDGMENT

(PER : A.S. CHANDURKAR, J.) RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2.

The only relief sought by the petitioner is for grant of a direction to be issued to the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli to expeditiously decide the petitioner's tribe claim of belonging to 'Mana' Scheduled Tribe. Such prayer has been made as the petitioner is pursuing her studies.

3.

While issuing notice on 27.12.2021, an interim direction was passed directing the respondents to issue a provisional validity certificate

WP 5550-21 Judgment in favour of the petitioner in view of the fact that the petitioner's father holds the validity certificate.

4.

Mrs. K.R. Deshpande, learned Assistant Government Pleader for the respondents on instructions submits that such provisional validity certificate has been issued to the petitioner. She also states that the claim of the petitioner which is pending before the Scrutiny Committee shall be decided within a period of three months.

5.

In view of aforesaid, the writ petition is disposed of by directing the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli to decide the tribe claim of the petitioner within a period of three months from the date of presentation of this order before it. The claim shall be decided on its own merits and in accordance with law. 6.

Rule is made absolute in aforesaid terms with no order as to costs.

(SMT.PUSHPA V. GANEDIWALA, J.) (A.S. CHANDURKAR, J.) APTE byROHIT DATTATRAYA APTE