Ramiz Chandan Tadvi v. Scheduled Tribe Certificate Through Its Member Secretary And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 57 WRIT PETITION NO.1424 OF 2022 RAMIZ CHANDAN TADVI

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AND ANOTHER ...

Mr. M.S. Deshmukh, Advocate for the petitioner Mr. S.K. Tambe, AGP for the respondent/State. ...

CORAM : S.V. GANGAPURWALA AND S.G. DIGE, JJ.

DATE : 31st JANUARY, 2022 PER COURT :- 1.

The petitioner had submitted his tribe certificate for verification before the Committee. The Committee under the impugned order has cancelled the certificate on the ground that the certificate produced by the petitioner is of "Tadvi-Bhil", whereas under the presidential notification Sr. No.13, the tribe mentioned as "Tadvi". The learned counsel submits that no opportunity of hearing was given to the petitioner. The petitioner has appeared for the final year B.Tech course. The mark sheets of 3rd to 8th Semesters are withheld. The petitioner has already been selected for Board of Apprenticeship Training. The petitioner is required to submit the mark sheets.

2.

The learned A.G.P. supporting the order passed.

3.

We do not find that if the opportunity is given to the petitioner, some purpose would be served.

4.

The petitioner shall obtain attested copy of the caste certificate produced by him before the Committee from the Committee. The petitioner shall make an application within 8 days from today. The Committee on receipt of the application shall within 8 days issue attested tribe certificate submitted by the petitioner to the petitioner. The petitioner shall thereafter apply for issuance of the tribe certificate as per the presidential notification at Sr. No.13 of Tadvi. The concerned Sub-Divisional Officer shall verify the issuance of caste certificate by his office and thereafter issue tribe certificate of Tadvi to the petitioner preferably within 4 weeks from the date of receipt of the application. The petitioner shall after receipt of the fresh caste certificate submit it to the Committee for verification and the Committee shall thereafter within three months decide the said proceedings. 5.

Respondent no.2 shall not withhold the results of the 3rd to 8th Semesters only on the ground that the Committee has directed to obtain

fresh tribe.

6.

The degree certificate shall not be issued to the petitioner unless the petitioner produces the validity certificate.

(S.G.DIGE, J.) (S.V. GANGAPURWALA, J.) SGA