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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M.S.JAWALKAR, NANDESH S.DESHPANDE
Yashwant S/o. Manohar Ghodmare – Appellant
Versus
Vice-Chairman/Member Secretary, Scheduled Tribe Caste Certificate Scrutiny Committee – Respondent
JUDGMENT :
NANDESH S. DESHPANDE, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.
2. The petitioner belongs to ‘Mana’ Scheduled Tribe and, therefore, his claim for validation was forwarded to the Scrutiny Committee along with necessary documents for the purpose of verification. On 29.6.2019 the Police Vigilance Report came to be submitted in case of the petitioner and on 30.7.2018 the Scrutiny Committee, Nagpur invalidated the caste claim of the petitioner.
3. Being aggrieved by the said invalidation, the petitioner chose to challenge the same by filing a Writ Petition before this Court in Writ Petition No.909/2021. On 14.11.2022 this Court quashed and set aside the invalidation order and sent back the matter to the Scrutiny Committee for deciding the caste claim of the petitioner afresh. After remand, on 26.4.2023 a fresh Police vigilance report came to be submitted and on 20th June, 2023, the petitioner submitted his reply to the said vigilance report. Thereafter, on 19.7.2023, the Scrutiny Committee again invalidated the caste claim of the petitioner. This order is assailed in the present petition on various grounds.
4. We have heard Ms. Pre
Scrutiny Committees must accurately interpret documents without multiplying entries or ignoring replies to vigilance reports; perverse invalidations based on fabricated contra indications quashed wit....
The court emphasized that pre-Constitutional documents are of higher probative value for determining tribe claims, and invalidation by the committee on the basis of affinity test was not legally soun....
The court emphasized the importance of pre-constitutional documents in validating caste claims and condemned arbitrary administrative decisions lacking proper verification.
The court emphasized the need for concrete evidence and vigilance inquiry before rejecting a caste claim based on a blood relative's validity certificate.
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