Supreme Court Of India
B.P. SINGH AND ARUN KUMAR, JJ.
RAJABHAU- Appellant
Versus
STATE OF MAHARASHTRA AND OTHERS - Respondents
Civil Appeals Nos. 2536-37 of 2005,
Decided on April 11, 2005
Constitution of India, Article 342 - Scheduled Tribe Certificate - Scheduled Tribe Certificate Scrutiny Committee certified paternal cousin (fathers brothers son) of the appellant, to belong to Thakur Scheduled Tribe- The appellant, however did not represent before the Committee- In view of subsequent events orders of Committee and High Court refusing to certify the appellant, set aside and case remitted to the Committee to reconsider the matter in the light of subsequent developments, including the fact that the paternal cousin of the appellant has been certified to belong to Thakur Scheduled Tribe.[Paras 3, 4 and 5]
ORDER
1. Special leave granted.
2. We have heard counsel for the parties.
3. Counsel for the appellant submitted, relying upon certain annexures filed in this proceeding, that his cousin (fathers brothers son) one Kishore Shivajirao Jadhav has been given the certificate of validity by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad certifying him to belong to Thakur Scheduled Tribe. He, therefore, submits that he is also entitled to such a certificate.
4. Counsel for the respondent submits that in the instant case, difficulties have arisen because the appellant chose not to represent his case before the Committee.
5. However, in view of the subsequent developments we allow these appeals, set aside the impugned order of the High Court as well as that of the Scrutiny Committee and remit the matter to the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad to reconsider the matter in the light of subsequent developments, including the fact that the paternal cousin of the appellant has been certified to belong to Thakur Scheduled Tribe.
6. Counsel for the appellant submits that he will appear before the Scrutiny Committee within a period of two weeks from today with an appropriate application whereafter the Committee will proceed with the matter.
7. The appeals are disposed of in the above terms.
8. We express no opinion on the merit of the claim.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.