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3-WP-202-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 202 OF 2020

Chinmay S/o. Gajanan Chavan,

Age 23 years, Occu. Student,

R/o. House No. 649, Arunoday Colony,

CIDCO, N-5, Aurangabad,

Taluka And District Aurangabad.

..

Petitioner

Versus

1.

The State of Maharashtra,

Through its Secretary,

Tribal Development Department,

Mantralaya, Mumbai.

2.

The Scheduled Tribe Certificate

Scrutiny Committee, Aurangabad

Division, Aurangabad.

Through its Member Secretary

3.

Savitribai Phule Pune University,

Ganeshkhind, Pune,

Through its Registrar.

4.

The Principal,

Sinhgad College of Engineering,

Vadgaon (B.K.), Pune – 411 041.

..

Respondents

(Respondents No. 3 and 4 deleted as per

order dated 29.03.2022)

…

Mr. Sushant C. Yeramwar, Advocate for Petitioner

Mr. S. G. Karlekar, A. G. P. for Respondents no. 1 and 2 – State

…

CORAM :

R. D. DHANUKA &

S. G. MEHARE, JJ.

DATE :

29-03-2022

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ORAL JUDGMENT

(PER - R. D. DHANUKA, J.) :-

Heard the learned counsel for the petitioner. He states that

no relief against respondents no. 3 and 4 are pressed as on date

and seeks liberty to delete respondents no. 3 and 4 from the

cause title of the petition and also prayer clause ‘C’.

2.

Rule. The learned A.G.P. waives notice for respondents

no. 1 and 2. Rule is made returnable forthwith. Heard finally with

consent of the parties.

3.

By this Writ Petition filed under Article 226 of the

Constitution of India, the petitioner has impugned the order dated

17.12.2019 passed by the respondent No. 2 – the Scheduled Tribe

Certificate Scrutiny Committee, Aurangabad, (hereinafter, referred

to as ‘Scrutiny Committee), thereby invalidating the caste claim of

the petitioner. The petitioner also seeks declaration that he

belongs to Thakur Scheduled Tribe and also seeks a direction

against the Scrutiny Committee to issue caste validity certificate in

favour of the petitioner.

4.

It is case of the petitioner that the petitioner belongs to

Thakur, Scheduled Tribe. On 12.09.2014, the petitioner applied

for the caste certificate as ‘Thakur Scheduled Tribe’ to the Sub-

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Divisional Officer, Aurangabad. The said application, however, was

rejected by the Sub-Divisional Officer. The Sub-Divisional Officer

directed the petitioner to obtain caste certificate from Washim

District by order dated 03.01.2015. Against the said order dated

03.01.2015, the petitioner preferred an appeal before respondent

no.2 – Committee on 04.03.2015. During the pendency of the

Appeal before the Committee, the petitioner approached this Court

by filing Writ Petition No.4803 of 2015 inter alia praying for a writ

of Mandamus to direct the respondent no.2 to decide the Appeal

filed by the petitioner expeditiously. This Court by order dated

27.04.2015 directed the Scrutiny Committee to decide the appeal

within three months.

5.

The petitioner preferred Writ Petition No.7193 of 2015 for

quashing and setting aside the order dated 03.01.2015 passed by

the Sub Divisional Officer, Aurangabad, rejecting the application of

the petitioner for issuance of Tribe Certificate. This Court on

20.07.2015 directed the Sub Divisional Officer, Aurangabad to

issue tribe certificate in favour of the petitioner. On 21.07.2015,

the Sub Divisional Officer issued a tribe certificate in favour of the

petitioner as ‘Thakur Scheduled Tribe’. The petitioner thereafter

applied for verification of his tribe claim to the respondent no. 2 –

Committee and submitted all required documents. On 14.10.2019,

respondent no.2 Committee referred the tribe claim of the

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petitioner to the vigilance cell for conducting enquiry.

After issuance of the report of the vigilance cell, respondent no.2

Scrutiny Committee issued show cause notice dated 14.10.2019

thereby asking the petitioner to submit a reply and appear before

the Committee