Ku. Yamini Vijay Shende And Another v. The S. T. Certificate Scrutiny Committee, Nagpur Thr. Member Secretary And Another

2024:BHC-NAG:5087-DB 19wp2802.24.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.2802 OF 2024 (Ku. Yamini Vijay Shende and one .vs. The Scheduled Tribe Certificate Scrutiny Committee, Nagpur and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. N.D. Jambhule, Advocate for the petitioners, Mr. M.K. Pathan, Advocate for respondent nos.1 and 2. ..........

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

1.

Heard Mr. N.D. Jambhule, Advocate for the petitioners.

2.

The petitioners claim to be belonging to 'Mana Scheduled Tribe' whose father and uncle are informed to be holding validity.

3.

The petitioners claim for issuance of validity is pending consideration with the respondent-committee since about a year and the petitioners, after having submitted explanation to the vigilance cell, informed to have also concluded the final hearing in the matter. 4.

The counsel for the petitioners drawing support from the Government Resolution dated 27th March, 2019, so also having regard to the provisions of Sub-Rule 5 of Rule 18 of the Maharashtra Scheduled

19wp2802.24.odt 2/3 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 and if directions issued at principal seat in Writ Petition No.8264/2017 (Nikhil Suryakant Padalwar .vs. State of Maharashtra and others) and other connected matters and also the order of the Apex Court in the matter of Special Leave to Appeal (C) Nos.20210-20224/2017 decided on 18.08.2017 (Dilip Vitthal Bambale and others .vs. Vinitkumar Motiram Tatlod and others), submits that the committee must decide the claim within a period of two weeks from today.

5.

As against above, Mr. M.K. Pathan, learned Assistant Government Pleader, submits that he has instructions from the committee that the claim shall be decided in any case within a period of four weeks from today.

6.

Since Mr. Pathan, learned Assistant Government Pleader, has made a statement on instructions from the respondent-committee, the same is accepted as an undertaking.

7.

As such, based on said statement, we direct the respondent-committee to decide the claim of the petitioner within a period of four weeks with an understanding that no further extension on whatsoever

19wp2802.24.odt 3/3 shall be granted to the respondent-committee in view of above referred Government Resolution, so also the order of the Apex Court and the order passed at principal seat. 8.

The petitioners shall appear before the Committee on 6th May, 2024.

9.

The petition stands disposed of accordingly.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 30/04/2024 15:31:28