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Bombay High CourtWP/5796/2025allowed

Rohan S/O. Santosh Parate v. The Committee For Verification Of S.T. Certificates, Yavatmal, Thr. Member Secretary

2025-10-07Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande2 pages

1 12-WP-5796-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO.5796 OF 2025 Rohan S/o Santosh Parate, Taluka Umerkhed, Dist. Yavatmal vs.

The Committee for Verification of Scheduled Tribe Certificates, Yavatmal, Thr. its Member Secretary - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K. S. Narwade, Advocate for petitioner. Shri A. M. Kadukar, Assistant Government Pleader for respondent. CORAM : SMT M. S. JAWALKAR AND RAJ D. WAKODE, JJ. DATED : 7th October, 2025 Heard Shri K. S. Narwade, learned counsel for the petitioner.

2.

The contention is that this Court vide order dated 23/04/2025 passed in Writ Petition No.390/2025 while quashing and setting aside the earlier order dated 29/11/2024 passed by the respondent-Committee thereby invalidating the caste-claim of the petitioner of belonging to 'Halbi' Scheduled Tribe has specifically held that the Committee while rejecting the caste-claim has relied upon the entries in relation to the maternal side of the petitioner and hence remanded the matter to the Committee for considering the entire caste-claim afresh in accordance with the Rule 2(1)(f) of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003. However, inspite of the specific directions of this Court in the order order dated 23/04/2025, the respondentCommittee vide impugned order dated 28/08/2025 has invalidated the caste-claim of the petitioner again for the same

2 12-WP-5796-25.odt reasons relying on the documents which according to the Committee were showing adverse entries.

3.

In view of above, issue notice to the respondent, returnable on 10/11/2025.

4.

Shri A. M. Kadukar, learned Assistant Government Pleader waives service of notice for the respondent. 5.

In view of the findings recorded in the order dated 23/04/2025 in Writ Petition No.390/2025 , this Court is of the opinion that the impugned order dated 28/08/2025 passed by the respondent-Committee is contemptuous and in violation of the specific directions issued by this Court in the said order. 6.

Hence, issue notice to the Members/Coram of the respondent Committee, Yavatmal i.e. Shri Manoj Chavan, Seema Vilayatkar and Jayashri Tupekar to show cause as to why action of contempt should not be initiated against them. 7.

Notice made returnable on 10/11/2025.

(Raj D. Wakode, J.) (Smt M. S. Jawalkar, J.) Asmita Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 07/10/2025 18:07:16