Bombay High CourtWP/1179/2016disposed offdismissed for default

Poshatti Malanna Gopod v. The State Of Maharashtra And Others

2016-02-01Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice A. I. S. Cheema2 pages

{1} wp 1179.16.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1179 OF 2016 Poshatti S/o Malanna Gopod Petitioner

Versus

The State of Maharashtra and others Respondents Mr.Sunil M. Vibhute advocate for the petitioner Mr.B.V. Virdhe, AGP for Respondents _______________ CORAM : R.M. BORDE & A.I.S. CHEEMA, JJ Dated : 1 st FEBRUARY, 2016.

PER COURT :- The petitioner claims to belong to Manerwarlu, scheduled tribe (ST) and was issued a caste certificate, certifying in that regard on 4.1.1981. The certificate was produced for verification to the caste scrutiny committee. However, the scrutiny committee directed invalidation and confiscation of the certificate on the ground that, the surname of the petitioner is not mentioned in the caste certificate.

The petitioner points out that, the tribe validation claim of his son has been upheld by the scrutiny committee and certificate in that regard was issued on 11.11.2009. The service record as well as the school record of the petitioner indicate his caste as Mannerwarlu.

{2} wp 1179.16.odt In this view of the matter, the instant petition stands disposed of with the following directions:- The petitioner shall tender an application along with Photostat copy of the tribe certificate to the Sub Divisional Officer within a period of two weeks from today. On receipt of the application, the Sub Divisional Officer shall issue tribe certificate indicating the surname of the petitioner, within a period of two weeks from the date of receipt of the application. The applicant shall tender proposal in prescribed proforma, for validation along with the corrected caste certificate to the scrutiny committee within a period of four weeks thereafter. On receipt of proposal, the scrutiny committee shall take appropriate decision in the matter within a period of one year from the date of receipt of the proposal.

With the directions as above, the writ petition stands disposed.

(A.I.S. CHEEMA, J) R.M.BORDE, J) vbd