Shivraj S/O. Vijay Shinde v. The S.T. Caste Certificate Scrutiny Committee, Thr. Member Secy. And Dy. Director, Amravati And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.4970 OF 2025 (Shivraj s/o Vijay Shinde Vs. The Scheduled Tribes Caste Certificate Scrutiny Committee, Amravati thr. its Member Secretary and Deputy Director and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. R. S. Suryawanshi, Advocate for the petitioner. Mr. A. S. Fulzele, AGP for respondent Nos.1 and 2/State. Mr. N.A. Gaikwad, Advocate for respondent No.3. CORAM :- SMT. M.S. JAWALKAR A ND RAJ DAMODAR WAKODE, JJ.

DATED :- SEPTEMBER 03, 2025.

Issue notice to the respondents.

2.

Learned AGP waives notice for respondent Nos.1 and 2/State.

3.

Mr. N. A. Gaikwad, learned Counsel waives notice for respondent No.3.

4.

The present petition is filed for direction to the respondent No.1 - Caste Scrutiny Committee to decide the caste claim of the petitioner within stipulated period. 5.

The petitioner also sought interim relief restraining respondent No.3 - State Common Entrance Test Cell, Mumbai not to cancel the admission given to the petitioner from Scheduled Tribe category for want of submission of Validity Certificate. The petitioner obtained caste certificate from Sub-Divisional Officer, Buldhana dated 16/01/2025 Thakur Scheduled Tribe. The Proposal for Validity submitted

along with the necessary documents i.e. old documents prior to 1950 submitted by the petitioner to the Caste Scrutiny Committee.

6.

Mr. Gaikwad, learned Counsel for State CET Cell, Maharashtra State, Mumbai strongly opposed for granting interim relief to the petitioner and submits that the Hon'ble Apex Court has already held that the protection of such admissions is contrary to the interest of the students at large. He relied on the order passed by the Hon'ble Apex Court in the case of Dilip Vitthal Bambale and ors. Vs. Vinitkumar Motiram Tatlod and ors. In Civil Appeal Nos.11234-48 of 2017 (arising out of SLP (C) Nos.20210-20224 of 2017) and has submitted that as the validity are not received by the present students it would not be in the interest of other candidates belonging to reserve category to allow these students to occupy reserve seats.

7. In view of the decision of the Full Bench of the Hon'ble Apex Court in the case of Shreyash Ajay Ghormare Vs. The Scheduled Tribe Certificate Scrutiny Committee in Special Leave to Appeal (C) Nos.17206-17207/2023 wherein it is held as under:

"Having heard learned counsel for the parties and considering the fact that the petitioner had a Scheduled Tribe Certificate as a member of the Mana Scheduled Tribe in the State of Maharashtra, we direct the concerned authorities to admit him provisionally based on his rank, if he is otherwise eligible for the Scheduled Tribe Category without insisting on certificate from the Scheduled Tribe Certificate Scrutiny Committee. He must, however, fulfill

other eligibility criteria for such admission. We are passing this order considering the submission of the petitioner that today is the last day for admission in the course and this order is being passed without prejudice to the rights and contentions of the parties. The petitioner shall not be entitled to claim any equity in the event, the matter is ultimately decided against him."

8.

It appears that the petitioner obtained the caste certificate of Thakur scheduled tribe on 16/01/2025 and submitted the proposal for verification. It appears that there are validity certificate in respect of blood relatives from the paternal side and it was issued in view of the order passed by this Court. The petitioner is relying on the same documents. As such, it is inconsistent on the part of the Caste Scrutiny Committee to consider the same and decide the same as early as possible and preferably within a period of 3 weeks. The petitioner was admitted in the Government College of Engineering, Jalgaon; however, it appears that the admission was subject to production of Validity Certificate, however it is not under the control of the petitioner. The delay was on the part of respondent No.1. In view of the restricted relief to issue direction to respondent No.1 to decide the caste claim of the petitioner, the petition needs to be allowed. Accordingly, the petition is allowed. 9.

Respondent No.1 - Scrutiny Committee is hereby directed to decide the tribe claim of the petitioner within a period of three weeks.

10.

Respondent No.3 - State Common Entrance Test Cell, Mumbai is directed not to cancel the admission of the petitioner from Scheduled Tribe category till the result of the Caste Scrutiny Committee.

11.

The direction not to cancel the admission given to the petitioner till result of Caste Scrutiny Committee is binding on respondent No.2 also and in view of this direction, there is no necessity to issue separate direction to respondent No.2. 12.

The petitioner shall appear before the Caste Scrutiny Committee, Amravati on 08/09/2025.

13.

The petition stands disposed of.

14.

We direct respondent No.1 - Caste Scrutiny Committee to decide the caste claim of the petitioner within a period of three weeks.

15.

The learned AGP as well as learned Counsel for the petitioner shall communicate this order to the Caste Scrutiny Committee, Amravati.

16.

Copy of this order be furnished to the parties to act upon.

(RAJ DAMODAR WAKODE, J.) (SMT. M.S. JAWALKAR, J.) *Divya