Petitioner challenged the Scrutiny Committee's rejection of his claim to Scheduled Tribe status based on caste. Court held the committee is an expert body and respected its opinion in absence of malice. Petition dismissed.
Petition rejected.
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1 WP5955/10
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5955 OF 2010
Sanjay P. Deore ...Petitioner
v/s
Scheduled Tribe Certificate
Scrutiny Committee, Nashik and ors. ...Respondents
Mr V.A. Sugdare for Petitioner.
Mr C.R. Sonawane, AGP for Respondent No.1.
CORAM : D.K. DESHMUKH AND N.D. DESHPANDE JJ.
DATE : 5TH OCTOBER 2010.
2 WP5955/10
P.C.:-
1]The petitioner challenges the order passed
by the Scrutiny Committee holding that the claim of
the petitioner that he belongs to Thakur, Scheduled
Tribe is not valid. We have heard the learned
counsel appearing for petitioner. He relied on the
judgment of the Division Bench of this Court in the
case of Shivaji S. Konkewad v/s State of Maharashtra
and ors., reported in 90(1) Mh.L.J. 943 on the
observations made in paragraph 5. Perusal of the
order which is impugned in this petition shows that
the Scrutiny Committee has applied affinity test and
has considered that aspect of the matter in detail.
The Scrutiny Committee is a body of experts in the
subject. In our opinion, in the absence of any
allegation of malice against any member of the
Committee, we have to respect the opinion of the
experts� body. After considering all the aspects,
the experts� body gives its decision. Petition has
no substance. It is rejected.
3 WP5955/10 Parties to act on the copy of this order
duly authenticated by Sheristedar / Private
Secretary of this Court.
Certified copy expedited.
(JUSTICE D.K. DESHMUKH)
(JUSTICE N.D. DESHPANDE)
1 issue framed by the court
Whether the petitioner's challenge to the Scrutiny Committee's rejection of his Scheduled Tribe claim succeeds.
Colour shows how this judgement treated each authority
Shivaji S. Konkewad v/s State of Maharashtra and ors.Referred¶17
Shivaji S. Konkewad v/s State of Maharashtra and ors., 90(1) Mh.L.J. 943
Sanjay P. Deore
Scheduled Tribe Certificate Scrutiny Committee, Nashik
D.K. DESHMUKH
N.D. DESHPANDE
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court