AI Structured Summary
Not yet generated for this judgment
Judgment
(Per : M.W. Chandwani, J.)
Rule. Rule made returnable forthwith. Heard finally with the consent of both the parties.
The petition challenges the order dated 24.06.2025 passed by respondent no.1 – Vice-Chairman/Member Secretary, Scheduled Tribe Caste Certificate Scrutiny Committee, Yavatmal (for short “Committee”), invalidating the caste claim of the petitioners who claim to be belonging to ‘Mana’, which is recognized as a Scheduled Tribe under the Constitution (Scheduled Tribes) Order, 1950, on the ground of contra-entries found in the documents during the vigilance enquiry in the case of the petitioner.
The decision of this Court in Writ Petition No.2138/2022 [Jyoti D/o Vithoba Barekar (Sau. Jyoti W/o Prakash Gaikwad) Vs. The Vice-Chairman / Member Secretary and another] with Writ Petition No.2096/2022 [Lata D/o Vithoba Barekar (Sau. Lata Ramrao Dodke) Vs. The Vice-Chairman / Member Secretary and another] (Nagpur Bench) has been placed on record. A joint statement has been made across the bar by the learned counsel for the petitioners as well as the learned Assistant Government Pleader that the documents which were discarded by respondent no.1 – Committee in the present case were also questioned in the petitions of Jyoti and Lata (supra) and this Court after considering the same, set aside order passed by the very same Scrutiny Committee on the basis of the same documents that have been produced by the petitioners herein and directed the respondent no.1-Committee to grant validity certificates of ‘Mana Scheduled Tribe’ to the petitioners in those writ petitions. Since, the petitioners herein are the nieces of the petitioners – Jyoti and Lata in Writ Petition No.2138/2022 with Writ Petition No.2096/2022 which has not been disputed therefore, the present case is covered by the decision in Writ Petition Nos.2138/2022 and 2096/2022. Since, this Court in the abovesaid writ petitions, after considering the contra-entries pointed out by the Vigilance Cell has granted validity certificates to the petitioners in those writ petitions, there is no reason for us to take a different view. Hence, we pass the following order.
The writ petition is allowed.
The impugned order dated 24.06.2025 passed by respondent no.1 – Vice Chairman/Member-Secretary, Scheduled Tribe Caste Certificate Validity Committee, Yavatmal is hereby quashed and set aside.
It is hereby declared that the petitioners belong to ‘Mana’ Scheduled Tribe.
Respondent no.1– Committee is directed to issue Validity Certificate to the petitioners within two months from the date of receipt of this order.
Rule is made absolute in the abovesaid terms. No order as to costs.