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Bombay High CourtWP/2799/2024disposed off

Maithili D/O Kailash Gajbe, Thr. Natural Guardian, Father, Kailash Krushnarao Gajbe And Another v. The S. T. Caste Certificate Scrutiny Committee, Thr. Member Secretary, Nagpur

2024-04-29Hon'Ble Shri Justice Nitin W. Sambre , Hon'Ble Shri Justice Abhay J. Mantri2 pages

2024:BHC-NAG:5040-DB 17wp2799.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.2799 OF 2024 (Maithili d/o Kailash Gajbe and one .vs. The Scheduled Tribe Caste Certificate Scrutiny Committee, Giripeth, Nagpur) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms. Rashi Nagrare, Counsel i/b Mr. Ashwin Deshpande, Advocate for the petitioners, Mr. N.S. Rao, Assistant Government Pleader for the respondent. ........

C ORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. D ATE : 29.04.2024.

1.

Heard Ms. Rashi Nagrare, counsel appearing for the petitioners.

2.

According to her, all the petitioners belong to Scheduled Tribe category whose claims for issuance of validity is pending since 28th May, 2023 i.e. almost for a period of 11 months.

3.

Drawing support from the provisions of SubRule 5 of Rule 18 of the Maharashtra Scheduled Caste and Scheduled Tribe, Denotified Tribe (Vimukta Jati), Nomadic Tribe, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012, she would urge that it was incumbent on the part of the respondent-

17wp2799.24.odt 2/2 Committee to decide the claim for issuance of validity within a period of three months from the date of receipt of the same and for exceptional reasons, extension of another two months can be granted. She would urge that the petitioners are in need of aforesaid certificates in whose family already validity certificates are issued, as they are pursuing further studies.

4.

Mr. N.S. Rao, learned Assistant Government Pleader appearing for the respondent-Committee submits that in the facts and circumstances, the court may pass appropriate order.

5.

In the aforesaid background, we deem it appropriate to partly allow the petition with directions to the petitioners to appear before the Committee on 6th May, 2024 with all the relevant records.

6.

We direct the Committee to decide the claim of the petitioners for issuance of validity within a period of three months from the date of appearance.

7.

The petition accordingly stands disposed of.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 30/04/2024 10:12:01