Govind Vitthalrao Deshmukh v. The State Of Maharashtra And Others

1 907-WP-1421-2020 & 2 Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1421 OF 2020 VILAS SHEKHA NILKANTH ...PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...RESPONDENTS Mr P.V. Jadhavar, Advocate for Petitioner Mr S.B. Narwade, AGP for Respondents-State AND WRIT PETITION NO.1457 OF 2020 GOVIND VITTHALRAO DESHMUKH ...PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...RESPONDENTS Mr P.V. Jadhavar, Advocate for Petitioner Mr P.S. Patil, Additional Government Pleader for RespondentsState AND WRIT PETITION NO.1458 OF 2020 KALIDAS DATTU KORE ...PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...RESPONDENTS Mr P.V. Jadhavar, Advocate for Petitioner Mr S.G. Karlekar, Assistant Government Pleader for Respondents-State

2 907-WP-1421-2020 & 2 Ors CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 22ND JANUARY, 2020 PER COURT :

1] Heard. Issue notice to respondents. The learned Addl. and Asstt. G. P. waives notice for respondents.

2] The issue involved in the present matters is no longer res integra in view of the judgment of Division Bench of this Court in Writ Petition No.4536 of 2014 and other connected matters dated 14th August, 2014. 3] In view of the above, we also adopt the same course.

4] For the reasons recorded above, view taken by the Scrutiny Committee deserves to be upheld. However, in the facts and circumstances, we proceed to issue certain directions in addition to the directions issued by the Scrutiny Committee, as follows: (a) The petitioners may approach the concerned Scrutiny Committees for issuance of photostat copy of the caste/tribe certifcate produced by them for verifcation, within a period of four months from today. The Scrutiny

3 907-WP-1421-2020 & 2 Ors Committee, on receipt of such application, issue attested/authenticated copy of the caste/tribe certifcate produced by petitioners for verifcation to the Committee.

(b) The petitioners, on receipt of photostat copy of the caste/tribe certifcate, shall approach the concerned Sub Divisional Officer/competent authority with an application for issuance of caste/tribe certifcate within a period of 2 (two) weeks, thereafter.

(c) In the event earlier caste certifcate had been issued by the Executive Magistrate, it would be open for the petitioners to tender an application to the Sub Divisional Officer of the concerned Division and such officer shall entertain the application and shall issue caste certifcate/s in the prescribed proforma on verifying attested/authenticated photostat copy of the earlier caste certifcate.

(d) The concerned Sub Divisional Officer/Competent Authority, on receipt of the applications by the petitioners, together with attested/authenticated photostat copy of the caste/tribe certifcate issued earlier, shall proceed to issue caste/tribe certifcate in prescribed proforma certifying that the petitioners belong to 'Koli Mahadev', Scheduled

4 907-WP-1421-2020 & 2 Ors Tribe. The Sub Divisional Officers/Competent Authority shall issue certifcate within a period of four weeks from the date of receipt of the application.

(e) On receipt of Tribe certifcate, the petitioners, shall approach the concerned Scrutiny Committees with a proposal in prescribed proforma requesting the Scrutiny Committees to verify the Tribe Certifcate and consider his application for issuance of validity certifcates. The petitioners shall approach the Scrutiny Committee within a period of 4 (four) weeks from the date of receipt of the caste certifcate from the competent authority.

(f) On receipt of the proposal from the petitioners, the Scrutiny committee shall proceed to verify the caste/tribe certifcate and take appropriate decision after following procedure prescribed under law in respect of issuance of validity certifcates, as expeditiously as possible, preferably within a period of one year from the date of receipt of the proposals/applications.

(g) The Scrutiny Committee shall accept the proposals directly and shall not refuse to accept the proposals on the ground that same have not been routed through proper channel,

5 907-WP-1421-2020 & 2 Ors either employer or educational institutions.

(h) The education institution/college or the employer shall not take any adverse action against the petitioners only on the ground of their failure to produce validity certifcate and further appropriate action can be taken only subject to result of verifcation claim, which would be lodged before the Scrutiny Committee, in accordance with the directions issued in this order.

5] The writ petitions stand disposed of accordingly. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta