Bombay High CourtWP/7413/2024allowed

Praful Ravindra Shrirame v. The S. T. Certificate Scrutiny Committee, Gondia, Thr. Member Secretary

2025-09-04Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande2 pages

936wp7413.24 936wp7413.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR NAGPUR BENCH : NAGPUR WRIT PETITION NO. 7413/2024 WRIT PETITION NO. 7413/2024 Praful Shrirame Praful Shrirame ..versus..

..versus..

STCSC, Gondia STCSC, Gondia ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Office Notes, Office Memoranda of Coram, Office Notes, Office Memoranda of Coram, Court's or Judge's orders Court's or Judge's orders appearances, Court's orders or directions appearances, Court's orders or directions and Registrar's orders and Registrar's orders ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Shri N.D. Jambhule, Advocate for the Petitioner Shri N.D. Jambhule, Advocate for the Petitioner Shri A.V. Palshikar, AGP Shri A.V. Palshikar, AGP for the Respondent/State for the Respondent/State

CORAM

CORAM:-:- M.S. JAWALKAR & RAJ D. WAKODE, JJ.

M.S. JAWALKAR & RAJ D. WAKODE, JJ.

SEPTEMBER 04, SEPTEMBER 04, .

Heard.

(2) The caste certificate is issued to the Petitioner by the SubDivisional Officer, Bhandara. The Petitioner submits that the Petitioner has secured admission in Government College of Engineering, Chandrapur. The said admission is subject to submission of validity certificate.

(3) It is the contention of the Petitioner that the Caste Scrutiny Committee, in spite of submission of the old documents, rejected the tribe claim of the Petitioner of belonging to 'Mana' Scheduled Tribe. (4) In the Three- Judge Bench judgment of the Hon'ble Supreme Court in Shreyash Ajay Ghormare vs. The Scheduled Tribe Certificate ..

A ..

936wp7413.24 936wp7413.24 Scrutiny Committee in Petition for Special Leave to Appeal (C) No. 17206-17207 dated 09/08/2023, 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"

(6) In view of the above judgment of the Hon'ble Apex Court, the Respondents are hereby directed not to cancel the admission of the Petitioner for the reason of non-submission of the validity certificate till the disposal of the present Writ Petition.

(5) List the matter for final hearing on 01/10/2025. (6) Learned AGP to communicate this order to the Respondents. (RAJ D. WAKODE RAJ D. WAKODE, J.) , J.) (M.S. JAWALKAR, J.) (M.S. JAWALKAR, J.) ..

A ..