Full Judgment Text
2025:BHC-NAG:10833-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.6216 OF 2025
Harshad s/o Jayant Nimje,
Aged about 17 years,
Occupation – Student,
through its Natural Guardian of father
Shri Jayant s/o Amrutrao Nimje,
Aged about 55 years,
Occupation – Service,
R/o at Jay Bhawani Nagar,
Galli No.11, N-4, CIDCO Aurangabad,
Tq. and District Aurangabad
...PETITIONER
VERSUS
The Schedule Tribe Caste Certificate
Scrutiny Committee,
through its Member Secretary
and Deputy Director,
Sanna Building, Opp. Govt. Rest House,
Camp, Amravati – 444 601
...RESPONDENT
_______________________________________________________
Mr. Ashwin Deshpande, Advocate for the petitioner.
Mrs. S.S. Jachak, Addl.G.P. for the respondent/State.
_______________________________________________________
CORAM : SMT. M.S. JAWALKAR A ND RAJ D. WAKODE, JJ.
DATED : OCTOBER 13, 2025.
ORAL JUDGMENT (Per : Raj D. Wakode, J.) :
Heard learned Counsel for the petitioner.
2. Issue notice to the respondent, returnable forthwith.
3. Mrs. S.S. Jachak, learned Additional Government Pleader
waives notice on behalf of the respondent/State.
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4. RULE. Rule made returnable forthwith. Heard finally by
consent of the parties.
5. The contention is that the petitioner had submitted the
online application form on 23/11/2023 before the respondent –
committee for verification of his caste claim towards the “Halba”
scheduled tribe.
6. Learned Counsel for the petitioner contends that the father
of the petitioner namely Jayant Amrutrao Nimje so also the paternal
aunt of the petitioner Yogita Amrutrao Nimje has been granted validity
by this Court in Writ Petition No.3947/2018 (Jayant s/o Amrutrao Nimje
Vs. State of Maharashtra and ors.) dated 04/03/2020 and Writ Petition
No.7946/2018 (Yogita d/o Amrutrao Nimje Vs. State of Maharashtra
and ors.) dated 26/02/2020 respectively. The judgments of this Court
are placed on record at page No.45 Annexure – 5 and page 52 of the
petition.
7. Learned Counsel for the petitioner also invited our attention
to the certificate of validity granted by the committee after verification of
the caste claim of his real brother Mohit Jayant Nimje which is at page
No.57 of the petition. However, the caste claim of the petitioner is still
pending before the respondent – committee, therefore, the petitioner
seeks direction of this Court to the respondent – committee for deciding
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the caste claim of the petitioner within a stipulated period. In view of the
aforesaid validities granted by this Court, so also the validity granted by
the respondent – committee on its own we, therefore, allow this petition
with a direction to the respondent – committee to decide the caste claim
of the petitioner within a period of six months from the date of
appearance of the petitioner.
8. The petitioner to appear before the respondent – committee
on 17/10/2025.
9. While disposing of this petition, we hereby direct the
respondent – committee that while deciding the caste claim of the
petitioner, the committee to consider the validity granted by this Court to
the father and paternal aunt of the petitioner, so also the validity
certificate granted by the committee to the real brother of the petitioner
in accordance with law settled by this Court in the case of Apoorva
Nichale Vs. Divisional Caste Certificate Scrutiny Committee and others
[2010 (6) Mh.L.J. 401].
10. In view of the above, the writ petition stands disposed of.
11. Rule made absolute in the aforesaid terms. No costs.
( RAJ D. WAKODE , J.) ( SMT. M.S. JAWALKAR, J.)
*Divya