Shivaji Kisan Yadav And ANR v. State Of Maharashtra Through Secretary, Tribal Development Dept. And ORS

60.WPNo.55832022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5583 OF 2022 Shivaji Kisan Yadav & Anr.

...

Petitioners

Versus

The State of Maharashtra & Ors.

...

Respondents Mr. Chintamani K. Bhangoji, Advocate for the Petitioner. Smt. A. A. Purav, AGP for the Respondents/State.

CORAM:

S.V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATED :

MAY 5, 2022 P.C.

1.

Leave to amend the cause title.

2.

The application fled by the petitioner to issue caste certifcate is rejected. Appeal is dismissed by the Committee.

3.

The learned Counsel for the petitioner submits that grandfather is issued with the caste certifcate of Koli Mahadev Schedule Tribe. The grandfather of petitioner No.2 is also issued with certifcate of Koli Mahadev. The caste certifcate is also issued to brother of petitioner No.2 of Koli Mahadev. The school record of the petitioner No.2 also record as caste 'Koli Mahadev'. The Committee has rejected the application of the petitioner only on the ground that old document did not exists.

Gaikwad RD 1/2

60.WPNo.55832022.doc 4.

Heard the learned AGP.

5.

It is trite that while issuing caste certifcate the Authorities have to be prima faice satisfed. The Committee has observed that the petitioners have failed to produce the document prior to 6th September 1950 i.e. prior to issuance of Notifcation. At this stage, prima facie satisfaction is suffcient. The brother of the petitioner is issued with caste certifcate of Koli Mahadev. The grandfather of petitioners are issued with the caste certifcate of Koli Mahadev S.T. Even otherwise, after the caste certifcate is issued, the same has to undergo acid test before the Scrutiny Committee while validating it. Considering the above, we pass the following order :

ORDER

(i) The impugned order dated 8th March 2019 passed by the Respondent No.2/Appellate Authority and the order of Sub-Divisional Offcer are quashed and set aside.

(ii) The Sub-Divisional Offcer, Wai shall issue caste certifcate to the petitioners as 'Koli Mahadev'. (iii) The writ petition is accordingly disposed of. No costs.

(M. G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.05.07 19:54:11 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2