1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4533 OF 2010 Kumari Kamini D/o Jagannath Thakur Minor, Through her Natural Guardian father- Jagannath S/o Naval Thakur, Age 46 yrs Occ-Service, R/o at present Shahada, Tq. Shahada, Dist.Nandurbar .. PETITIONER VERSUS 1] The State of Maharashtra Department of Tribal Development Mantralaya, Mumbai-32 Through its Secretary. 2] The Scheduled Tribe Certificate Scrutiny Committee Nandurbar Division, Nandurbar, Through its Member Secretary 3] The Sub Divisional Officer Shirpur Division, Shirpur Dist.Dhule 4] The Director of Medical Education and Research, CET Cell, St.George’s Hospital Compound Opp.Govt.Dental College Building, Near Chhatrapati Shivaji Terminus (CST) Mumbai-400001 5] Maharashtra University of 2 Health Sciences, Vani Road, Nashik, Through its Registrar. 6] The Dean, Nair Hospital Dental College Dr.A.L.Nair Road, Mumbai-400008. .. RESPONDENTS .... Shri A.S.Golegaonkar, Advocate for the petitioner. Shri S.K.Tambe,AGP for the respondents 1,3,4 & 6. Shri R.P.Phatake,Standing Counsel for R.2 Shri K.D.Bade Patil,Adv.for R.5. .... CORAM : B.R.GAVAI & A.A.SAYED,JJ. DATE : 14 th OCTOBER, 2010. ORAL JUDGMENT [PER GAVAI,J.] : 1] Rule. Rule made returnable forthwith. By consent, petition is heard finally. 2] This is a third consecutive glaring example of non- application of mind before us by the respondent no.2 Scrutiny Committee. However, the only difference is that in earlier 2 3 matters, the Committee was situated at Nasik, whereas the present committee is situated at Nandurbar. However, a common factor in all the 3 matters is the non application of mind though a variance in degree thereof. 3] The petitioner has approached this Court thereby challenging the rejection of the claim of the petitioner of belonging to “Thakur” Scheduled Tribe. Shri Golegaonkar, learned counsel for petitioner submits that the petitioner’s father and elder brother have been held to be belonging to “Thakur” Scheduled Tribe and the validity certificates are issued in their favour. However, on erroneous premise claim of the petitioner is rejected and as such, the same needs to be quashed and set aside. 4] Shri Phatake, learned counsel for respondent Committee on the contrary submits that validity certificates granted in favour of the petitioner’s father and brother have been 4 incorrectly granted and as such, in view of the judgment of the Apex Court that each case is required to be considered independently, no error can be found with the impugned order. 5] No doubt that as per the settled law as laid down by the Apex Court and various pronouncements of this Court, each case has to be considered independently. However, that does not mean that the validity certificates granted in favour of the father and real brother has to be totally ignored. If it is the contention of the respondent committee that the validity certificates in favour of the petitioner’s father and real brother have been illegally granted, then nothing precluded the committee from rectifying the error. An anomalous situation that a father and real elder brother belongs to Scheduled Tribe and that an younger daughter/own sister is not belonging the Scheduled Tribe, would lead to an absurdity. 5 6] We have given detailed reasons while quashing the orders passed by the Committee of even date in Writ Petitions No.7162/2010 and 4526/2006. For the reasons stated therein, the present petitions are also allowed. The order dated 20/4/2010 passed by respondent Committee is quashed and set aside. Respondent No.2 Committee is directed to issue validity certificate, certifying that the petitioner belongs to “Thakur” Scheduled Tribe within 2 weeks from today. Needless to state that all the consequential things i.e. petitioners/admission, declaration of result shall follow. Rule is made absolute in aforesaid terms with no order as to costs. 7] In view of disposal of Writ Petition, no orders are necessary in Civil Application NO.12623/2010. The same stands disposed of. (A.A.SAYED) (B.R.GAVAI) JUDGE JUDGE umg/wp4533-10