Prashant Sambhaji Mande v. The State Of Maharashtra Through Its Secretary , Tribal Development Dept. And ORS

BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Bharat Dasharath Pandit Bharat Dasharath Pandit Date: 2018.10.06 11:17:20 +0530 WRIT PETITION NO.10782 OF 2018 Prashant Sambhaji Mande ) Aged 22 years ) Occ: Student, residing at ) Post Jahagir Moha, Tal Dharur ) Dist. Beed.

) .... Petitioner.

V/s 1] State of Maharashtra ) Through its Secretary, Tribal ) Development Department, ) Mantralaya, Mumbai-4000032 ) ) 2] Scheduled Tribe Certificate ) Scrutiny Committee, through ) its Member Secretary, Aurangabad) Division, Aurangabad having ) its Office at Aurangabad ) ) 3] Director of Technical Education) and Competent Authority, ) 3, Mahapalika Marg, ) Mumbai 400 001 ) ) 4] Imperial College of Engineering) and Research, JSPM, ) Wagholi, Pune : 412 207 ) ..... Respondents.

Mr. R. K. Mendadkar, Advocate for the Petitioner. Mr. S. B. Kalel, AGP for Respondent Nos.1 to 3. 1/4

CORAM: B. R. GAVAI & A. M. DHAVALE, JJ.

DATE: 1st OCTOBER, 2018 ORAL JUDGMENT: (Per B.R. Gavai, J.) 1] Rule. Rule is made returnable forthwith. Heard by consent of parties.

2] Petitioner has approached this Court being aggrieved by the Order dated 30th June, 2018 vide which the claim of the Petitioner as well as his real sister Rani Mande came to be invalidated. Division Bench of this Court in Writ Petition No.7462 of 2018 by judgment and order dated 25/07/2018 considered the claim of the Petitioner's sister viz Rani Mande. Division Bench of this Court, after considering the rival submissions, has allowed the Writ Petition to the extent as stated in para 8 of the said judgment, which reads thus :- "8] In view of above, the Committee is directed to issue Tribe validity certificate to the 2/4

Petitioner forthwith. As the Committee has already initiated proceeding for cancellation of validity issue to the blood relations of the Petitioner in response to the Courts query, it is assured by the Committee that the Committee will conclude those proceedings within a period of three months from the date of receipt of copy of this order. If the proceeding for cancellation of caste validity holders are answered against such certificate holders, it shall be open for the Respondent Committee to issue show cause notice to the Petitioner as to why the validity certificate granted to the Petitioner should not be cancelled and it will be open for the Committee to take those proceeding to its logical end. Needless to say that the certificate issued to the Petitioner is subject to the outcome of the proceeding for cancellation of validity issued in favour of her blood relations." 3/4

3] We find that the present Petition also deserves to be allowed in terms of para 8 of the order dated 25/07/2018 passed by Division Bench of this Court in Writ Petition No.7462 of 2018. 4] Rule is therefore made absolute in the aforesaid terms to the same extent.

(A. M. DHAVALE, J.) (B. R. GAVAI, J.) 4/4