SHYAM Vs. SCHEDULED TRIBE CASTE CERTIFICATE SCRUTINY COMMITTEE

JUDGEMENT

(1.) The petition challenges the decision of the Scrutiny Committee, dtd. 11/04/2022 (pg.126), whereby the claim of the petitioner of belonging to Scheduled Tribe Thakur has been invalidated.

(2.) It is claimed that based upon the genealogical tree (pg.34), nine blood relatives of the petitioner from the paternal side have been granted validity, six of which, have been upheld by this Court in various judgments. There is however, a contrary position taken into consideration by the Scrutiny Committee inasmuch as four claims by persons in the same tree have been invalidated, out of which, in one of the matters, namely, Pushpasheela Bhuyar, the petition filed before this Court was dismissed, however, Special Leave Petition No.26471/2018 is pending, in which, notices have been issued and interim relief has been granted. Attention is also invited to the interim order passed by the Hon'ble Apex Court in Shreyash Ajay Ghormare Vs. The Scheduled Tribe Certificate Scrutiny Committee (Special Leave Petition No.17206- 17207/2023 dtd. 09/08/2023), which speaks as under :

(3.) In the instant matter, the petitioner has been called for the CAP Round-II to be held on 28th and 29th of August, 2023 for the purpose of admission to LL.B. 1 st year. Considering the above position that there is a predominance of validity granted to the paternal relatives of the petitioner and so also the denial of the validation, it would not be appropriate to decide the petition. In such circumstances, considering the admission and the educational prospects of the petitioner, an interim order is called for.