TEJASWINI D/O. RUSHI MUNDARE Vs. THE SCHEDULED TRIBE CASTE CERTIFICATE SCRUTINY COMMITTEE & ORS.
HIGH COURT OF BOMBAY (AT: NAGPUR)
Tejaswini D/O. Rushi Mundare
The Scheduled Tribe Caste Certificate Scrutiny Committee And Ors.
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ANOOP V.MOHTA,J. -
(1.) Called out from final hearing board.
(2.) The Petitioner has challenged the impugned order dated 31/05/2013 passed by The Scheduled Tribe Caste Certificate Scrutiny Committee, Gadchiroli, thereby rejected the case of validation of caste certificate being belonged to "Mana" Scheduled Tribe, though there are various documents on record including the caste certificates of validity of father dated 21/09/2007 and of brother dated 02/11/2007. This in our view is against the position of law including the provision itself. The Scrutiny Committee ought not to have scuttled such certificates while assessing the real daughter's/sister's certificate. The aspect of original place of residence and/or of area restriction in view of the above admitted position on record cannot be prevailed over such certificate of father. This is specifically when there is no case of any fraud, misrepresentation and of any illegality made out and/or even pointed out on record.
(3.) This court on various occasions reiterated that such paternal side certificate and in the present case of father and brother are the direct relatives ought to have been respected while considering the case of validation of caste certificate of petitioner daughter/sister. The State must take positive steps, to avoid such litigations in view of settled position of law and the judgments, including general direction, to save public time, money and to avoid injustice, unnecessary hardship and harassment.;
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