Krishnakumar S/O Pandurang Sherkar And Others v. The Dy. Director/Member-Secretary, S.T. Caste Certificate Verification Committee, Nagpur

2025:BHC-NAG:7300-DB wp3907.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3907/2025 (Krishnakumar S/o Pandurang Sherkar and others Vs. The Deputy Director/Member Secretary, Scheduled Tribe Caste Certificate Verification Committee, Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Preeti Rane, Advocate for the petitioners. Mr. N.R. Patil, A.G.P. for respondent No.1.

CORAM: ANIL S. KILOR & MRS.VRUSHALI V. JOSHI, JJ. DATED: 28.07.2025.

The learned Advocate for the petitioners submits that the Committee has issued a show cause notice to the petitioners and trying to review its own decision granting validity to the petitioners which is not permissible and cannot be permitted. 2.

However, we are of the opinion that the show cause notice does not mean a final decision but to grant an opportunity to submit the say and thereby if the noticee desires to rebut the allegations mentioned in the show cause, to rebut the same to enable the authority to reach a right conclusion.

3.

In the circumstances, according to us, the petition is premature. 4.

However, considering that sons of the petitioner Nos.1 and 2 are pursuing M.B.B.S. and Engineering course and while rejecting their tribe claim the Committee has made certain observations against the validity granted to the petitioners and in that view of the matter. In the circumstances, we are of the opinion that a purpose would be served if Committee is permitted to proceed in the matter of show cause and take a final decision after taking into consideration all the grounds raised by the petitioners including the ground about jurisdiction of the Committee to issue such show cause notice and to

wp3907.2025.odt review its own order and if the final decision goes against the petitioners, such decision shall not be given effect for 15 days from the date of order. Accordingly, the writ petition stands disposed of in above terms. No costs.

(MRS.VRUSHALI V.JOSHI, J.) (ANIL S. KILOR, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 29/07/2025 17:45:08