Akash Chandrahas Surwase And Others v. The State Of Maharashtra And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1267 OF 2019 1.

Akash s/o Chandrahas Surwase, Age : 24 years, Occ: Student, R/o. Chandeshwar, Tq. & Dist. Latur.

2.

Suraj s/o Chandrahas Surwase, Age: 22 years, Occ: Student, R/o. As above.

3.

Manoj s/o Chandrahas Surwase, Age: 20 years, Occ: Student, R/o. As above.

..PETITIONERS

VERSUS

1.

The State of Maharashtra, Department of Tribal Development, Mantralaya, Mumbai - 32, Through its Secretary.

2.

The Sub Divisional Officer, Latur, Tq. & Dist. Latur.

..RESPONDENTS Mr Vivek U. Jadhav, Advocate for petitioner;

Mr S.S. Dande, A.G.P. for respondent/State CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 13th FEBRUARY, 2019

(2) ORAL ORDER :

Heard learned Counsel appearing for the petitioner.

2.

The petition is filed by the petitioners for a limited grievance. Petitioner No.1 Akash though completed his academic course, other petitioners are still prosecuting their education in the respective courses. It may not be necessary for us to refer to the other facts in detail. Suffice to say that the petitioners approached the office of Sub Divisional Officer, Latur with application for issuance of caste certificate. Receipts issued by the office of the Tahsildar, Latur are placed on record.

3.

Perusal of the copy of the receipts show that applications are submitted on 25th May, 2016 and by complying all deficiencies, these applications are accepted by the concerned office on 1st June, 2016.

(3) 4.

Learned Counsel for the petitioners also invited our attention to the documents placed on record to submit that the petitioners are possessing sufficient documentary evidence in support of their claim. It is also submitted that the petitioners have placed on record the copies of the caste certificates issued in favour of nearest blood relatives of the petitioner. Learned Counsel further submits that the delay in deciding the application and delay in issuance of certificate by the authorities made available the fact of academic career of the petitioners who are prosecuting their studies and may cause hindrance with the petitioner who completed his education course and desirous of seeking admission in further academic course. Learned Counsel, thus, prays for directions to respondent No. 2 - Committee to decide the application and issue caste certificate expeditiously and within stipulated period.

5.

Considering the submissions of learned

(4) Counsel for the petitioners and on perusal of the documents placed on record, we dispose of the petition at admission stage with directions to respondent No. 2 - Committee to decide the application as expeditiously as possible and not later than eight (8) weeks from the date of this order. Needless to state that if the authority is convinced of the claim of the petitioners, the authority to issue necessary certificates immediately. Thus, we only say that the authorities to decide the application on its own merits.

6.

With these directions, the petition is disposed of.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe