Research › Search › Judgment

Bombay High Court · body

2010 DIGILAW 1041 (BOM)

TARACHAND s/o FAKIRACHAND NINAVE v. JOINT COMMISSIONER AND VICE CHAIRMAN, SCHEDULED TRIBE CASTE SCRUTINY COMMITTEE

2010-07-23

D.B.BHOSALE, PRASANNA B.VARALE

body2010
JUDGMENT D. B. BHOSALE, J. :- Rule returnable forthwith. Heard learned counsel for the parties by consent. 2. The petitioners in these writ petitions are challenging the orders dated 28-5-2009 in W.P. No. 2876/2009, dated 26-9-2008 in W.P. No. 3373/2009 and dated 24-3-2008 in W.P. No. 3657/2008, issued by respondent - Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division, Nagpur, on the ground that one of the members of the Committee, namely Shri K. M. Pathak was not qualified to be on the Committee since he does not possess the required qualification. 3. In Writ Petition No. 3118 of 2009 [ 2010(5) Mh.L.J. 281 ] the order of the Scrutiny Committee was challenged on the same ground and this Court vide order dated 8-7-20 I 0, on the basis of the statement made by learned Additional overnment Pleader, set aside the order passed by the Scrutiny Committee and emanded the matter for fresh decision in accordance with law. The relevant paragraph of the order dated 8-7-2010, passed in Writ Petition No. 311812009, reads thus: "2. Mrs. B. H. Dangre, learned Additional Government Pleader for respondent nos.2 and 3, does not dispute the petitioner's contention that the Research Officer one Shri K. M. Pathak, who was associated with the Committee was not qualified to be on the Committee since he does not possess Degree of M.A. in Sociology or Anthropology in terms of judgment of the Supreme Court in the case of Kumari Mathuri Patil and another vs. Addl. Commissioner. Tribal Development and others, reported in AIR 1995 SC 94 and the impugned order is thus set aside. The matter is remanded back to the Committee for a fresh decision in accordance with law. All issues are kept open. " 4. In view thereof, the impugned orders in present writ petitions, are set aside and the matters are remanded to the respondent - Scrutiny Committee for fresh decision in accordance with law. The Scrutiny Committee shall endeavour to decide the caste claim of the petitioners in these three writ petitions as expeditiously as possible and preferably within a period of eight months from the date of receipt of this order. All the contentions of the parties are kept open. 5. It is needless to state that the petitioners shall co-operate with the Scrutiny Committee for disposal of their caste claim within the time frame and shall not seek adjournments on frivolous grounds. All the contentions of the parties are kept open. 5. It is needless to state that the petitioners shall co-operate with the Scrutiny Committee for disposal of their caste claim within the time frame and shall not seek adjournments on frivolous grounds. 6. With these observations, the writ petitions are disposed of. Rule is made absolute in terms of this order with no order as to costs. Order accordingly.