Nishant vs Deputy Director / Member Secretary

A.S.Chandurkar, J

Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

The challenge raised in this writ petition is to the order passed by the Deputy Director/Member Secretary, Scheduled Tribe Caste Scrutiny Committee, Amravati on 18.10.2021 thereby invalidating the tribe claim of the petitioner of belonging to “Raj” Scheduled Tribe.

By the impugned order the tribe claim of the petitioner’s brother Gaurav Chandrashekhar Mungalkar was also invalidated. Said Gaurav had filed Writ Petition No. 5040 of 2021 and by the judgment dated 25.01.2022, the order passed by the Scrutiny Committee was set aside and it was declared that the said petitioner had proved that he belongs to “Raj” Scheduled Tribe.

Considering the fact that the petitioner’s brother has been held belonging to “Raj” Scheduled Tribe and the impugned order dated 18.10.2021 has been set aside, we find that the present petitioner would also be entitled to the benefit of that adjudication.

Accordingly, for the reasons recorded in the judgment in Writ Petition No. 5040 of 2021 dated 25.01.2022, [i] the order passed by the Deputy Director / Member Secretary, Scheduled Tribe Caste Scrutiny Committee, Amravati on 18.10.2021 is set aside.

ii] It is declared that the petitioner belongs to “Raj” Scheduled Tribe which is Entry No. 18 in the Constitution (Scheduled Tribes) Order, 1950.

iii] The Scrutiny Committee shall issue the validity certificate to the petitioner within a period of four weeks from today. Till the validity certificate is issued to the petitioner, he is free to reply upon copy of this judgment to indicate that it has been declared that the petitioner belongs to “Raj” Scheduled Tribe.

Rule is made absolute accordingly. No costs.