SRUJANI Vs. DEPUTY DIRECTOR & MEMBER SECRETARY

JUDGEMENT

(1.) Rule. Shri A.A. Madiwale, learned Assistant Government Pleader, waives notice of hearing for the respondent. Rule made returnable forthwith.

(2.) The challenge raised in the present writ petition is to the order dtd. 2/11/2022 issued by the respondent-Scrutiny Committee confiscating the petitioner's tribe certificate dtd. 21/12/2020 in which it was stated that the petitioner belongs to 'Mana' Scheduled Tribe and issuing a further direction that the petitioner is free to seek issuance of tribe certificate from the area where her family was originally residing.

(3.) On hearing the learned counsel for the parties, we find from the record that the Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division has issued a validity certificate to the petitioner's father Moreshwar on 30/11/2006. Similarly, the validity certificates have also been issued to the other relatives of the petitioner. In the impugned order, the Scrutiny Committee has observed that the documents on which the petitioner seeks to rely pertain to Chimur Tahsil, District Chandrapur and therefore it would be necessary for the petitioner to approach that Scrutiny Committee for having her claim verified. At the same time, it has been observed that the Scrutiny Committee does not agree with the decision of issuing validity certificate to the petitioner's cousin, Vaishnavi. In the light of the fact that the validity certificate issued to the petitioner's father Moreshwar continues to operate, we do not find any justification on the part of the Scrutiny Committee in seeking to confiscate the petitioner's tribe certificate dtd. 21/12/2020 and thereafter cancel the same. On the contrary, the Scrutiny Committee ought to have considered the fact that the petitioner's father holds the validity certificate and in the light of the law laid down by this Court in Apoorva d/o Vinay Nichale Versus Divisional Caste Certificate Scrutiny Committee No.1 and others [2010(6) Mh.L.J. 401], the petitioner also ought to have been given benefit of such validity certificate. We note that the aforesaid validity certificate has been given by the Scrutiny Committee exercising jurisdiction over Nagpur Division and the said validity certificate continues to operate even today. As long as the said validity certificate holds the field, we do not find any reason to deny the petitioner, who is the daughter of said Moreshwar, benefit of the same.