Vaibhav Rajenna Totawar Through Father Rajenna Gangaram Totawar And Others v. The State Of Maharashtra And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.488 OF 2019 VAIBHAV RAJENNA TOTAWAR THROUGH FATHER RAJENNA GANGARAM TOTAWAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.S.M. Vibhute, Advocate for the petitioner. Mr.V.S. Badakh, AGP for respondent/State.

CORAM :

PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

15.01.2019 P.C. :- 1.

The petitioners are before this Court seeking directions to respondent No.2 - Committee, namely, the Scheduled Tribe Certificate Verification Committee, Aurangabad to decide the statutory appeal filed by the petitioners on 17.07.2008 expeditiously. The petitioner No.1 is minor and approaching this Court through his father and natural guardian Shri Rajenna Gangaram Totawar. The petitioners are prosecuting their studies in various courses. The petitioners have approached respondent No.3 - the SubDivisonal Officer, Kinwat by submitting application for grant of certificate that the petitioners belong to Mannervarlu -

( 2 ) Scheduled Tribe. Learned Counsel by inviting our attention to the order dated 25.05.2018 passed by respondent No.3 submitted that the application is rejected mechanically without considering the material brought before the authority. The petitioners being aggrieved by the said order preferred appeals before respondent No.2 - Committee on or about 17.07.2018. Thus the appeals are pending till date before the Committee and delay in decision of the appeals would put the petitioners to a serious prejudice as the petitioners are in dire need of the validity certificate and more particularly petitioner No.1 who is studying in 12th standard is desirous of seeking admission to professional course.

2.

In view of submissions and the above referred facts, we are of the opinion that the petition can be safely disposed at the stage of admission by issuing directions to respondent No.2-Committee to decide the appeals preferred by these petitioners on 17.07.2018, as early as possible and not later than eight weeks from the date of order of this Court, needless to state on merits of the appeals. The petition is accordingly disposed of in terms of above directions.

( 3 ) 3.

Learned Counsel for the petitioner submits that the petitioners undertake to appear before the Committee on 24.01.2019 and the Committee on appearance of the petitioners may grant suitable date for hearing the parties. [S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] snk/2019/JAN19/wp488.19