Viraj Sahebrao Rajput v. the State of Maharashtra and Others
Tribe certificate – invalidation of Rajput Bhamta (10) VJ-A certificate
Case brief
What is this about?
Aurangabad Bench of Bombay High Court (DB), Writ Petition No. 2934 of 2021, decided 06 August 2024 by Mangesh S. Patil and Shailesh P. Brahme, JJ. (Per Court); neutral citation 2024:BHC-AUG:17226-DB. Tribe validity certificate (Rajput Bhamta, VJ-A category, entry 10) invalidated by Scrutiny Committee; writ petition partly allowed and order quashed; remand for fresh decision. Key themes: vigilance enquiry, affinity test, Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra (2023 SCC Online SC 326) relied upon; benefit of cousin's (first degree relative's) earlier validity certificate (Nasik/Nashik Scrutiny Committee, 2011); pre-presidential order school record; Rule 12 of Rules framed under the Act 23 of 2001; failure to obtain record from another Scrutiny Committee.
What did the court decide?
Impugned order of invalidation of the tribe certificate quashed and set aside; matter remanded to respondent no. 2 - Scrutiny Committee for decision afresh in light of the court's observations; petitioner directed to appear before the Committee on 16 August 2024, with the proposal to be decided as expeditiously as possible and in any case within five weeks.