Shantanu S/O Bhagwat Ingle (Minor) Thr. Father, Bhagwat Dattatray Ingle v. S. T. Caste Certificate Scrutiny Committee, Amravati Thr. Vice Chairman/Jt. Commissioner

43-WP-3288-23-modified order.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 3288 of 2023 Shantanu s/o Bhagwat Ingle, through father-Bhagwat D.Ingle, Risod, Dist.Washim.

..Petitioner versus.

1.

Schedule Tribe Caste Certificate, Scrutiny Committee, Amravati Division, Amravati. Through its Vice-Chairman/Joint Commissioner. Amendment carried out as per Hon'ble Court's order dated 05.06.2023 S/d/- Ankush Kalmegh C.F.Petitioner 2.

Schedule Tribe Caste Certificate Scrutiny committee, Yavatmal Division, Near Rangoli Ground, Yavatmal, through its Vice-Chairman/ Joint Commissioner.

..Respondents --------------- Shri A. P. Kalmegh, Advocate for petitioner.

Ms S.S.Jachak, Assistant Government Pleader for respondents. ____________ CORAM :- A.S.CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 5th JUNE, 2023 P. C.

Leave granted to add 'Schedule Tribe Caste Certificate Scrutiny Committee, Yavatmal' as respondent no.2.

The corrections be carried out forthwith.

2.

Rule. Rule made returnable forthwith and the learned Assistant Government Pleader waives notice for the respondents. 3.

The petitioner claims to belong to 'Thakur' Scheduled Tribe. The petitioner's father and brother have been issued validity certificate of belonging to 'Thakur' Scheduled Tribe. Since the petitioner is a student, he seeks expeditious consideration of his tribe claim. 4.

By the judgment in Writ Petition No. 4424 of 2019 (Ajay Bhagwat Ingle vs. Scheduled Tribe Caste Certificate Scrutiny Committee) decided on 27th June, 2019, the petitioner's brother has been issued validity certificate. This has been done after considering the petitioner father's validity

43-WP-3288-23-modified order.odt 2 certificate.

The learned Assistant Government Pleader on instructions submits that report of Vigilance Cell is still awaited. 5.

In the light of the fact that the petitioner's father and brother have been issued validity certificate, it is directed that the respondent no.2Scrutiny Committee, Yavatmal shall consider the petitioner's tribe claim on merits and decide his claim within a period of four months and preferably by the end of October, 2023. The claim be decided in accordance with law by giving due opportunity to the petitioner.

6.

Rule stands disposed of in aforesaid terms. No costs. (MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.) Andurkar.

1.

The applicant seeks modification of the order dated 05.06.2023 that was passed while deciding the writ petition. By the said order, the Scrutiny Committee was directed to decide the applicant's claim within a period of four months and preferably by the end of October 2023. In the application, it is stated that the proceedings before the Scrutiny Committee have been closed for passing order. Since the applicant desires to prosecute further education, it is prayed that a shorter period be granted for deciding his claim.

2.

The learned Assistant Government Pleader for the respondents, on instructions, submits that within a period of four weeks, the applicant's claim will be decided.

3.

Accordingly, the order dated 05.06.2023 is modified by directing the Scrutiny Committee to decide the applicant-petitioner's claim within a period of three weeks from today.

4.

The civil application is disposed of.

(MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)

43-WP-3288-23-modified order.odt 3 Andurkar SUDHAKAR ANDURKAR Personal Assistant 04.08.2023 15:52