Mahendra Vijay Unawane Through Its Guardian Vijay Ramkisan Unawane v. The State Of Maharashtra And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2515 OF 2016 Mahendra s/o Vijay Unawane, age: 17 years, Occ: Student, since minor through its Guardian, Vijay s/o Ramkisan Unawane, age: 51 years, Occ: Labour, R/o Kasaba Peth, Pathardi, Tq. Pathardi, District Ahmednagar.

Petitioner

Versus

01 The State of Maharashtra, through its Secretary, Social Welfare Department, Mantralaya, Mumbai.

02 The Scheduled Caste Certificate Scrutiny Committee, Nashik Division, Nashik, through its Member Secretary.

03 The Sub Divisional Officer, District Ahmednagar.

Respondents 04 Shri Tilok Jain Secondary & Higher Secondary Vidyalaya, Pathardi, Tq. Pathardi, District Ahmednagar, Respondent through its Principal.

No.4 deleted.

Mr.A.G.Ambetkar, advocate for the petitioner. Mr.V.M.Kagane, A.G.P. for Respondents No.1 to 3. Respondent No.4 deleted.

CORAM : R.M.BORDE & A.I.S.CHEEMA, JJ.

DATE : 03rd March, 2016 ORAL JUDGMENT (Per R.M.Borde, J.):

{2} At the request of learned Counsel for petitioner, name of Respondent No.4 stands deleted.

Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. The grievance raised by the petitioner, in the instant petition, is in respect of refusal by the Scrutiny Committee to accept proposal of the petitioner for verification of caste certificate issued to the petitioner.

The petitioner contends that the Scrutiny Committee has refused to accept the proposal on the ground that the purpose for which the validity certificate was sought, no more exists. An individual requires validity certificate for various purposes i.e. education, employment and for securing benefits under various Government schemes. The Scrutiny Committee cannot refuse to accept the proposal merely on the ground that no purpose has been stated or that the purpose for which the proposal was earlier presented, no more subsists. It shall be obligatory on the part of the Scrutiny Committee to take decision on the proposal presented by an individual for verification of his/her caste/tribe.

Writ Petition, therefore, stands allowed. The Scrutiny Committee is directed to accept the proposal, if tendered by the petitioner, directly to the Scrutiny Committee, within a period of six weeks from today and shall proceed to deal with the issue of

{3} verification of his caste certificate and pass appropriate orders, as expeditiously as possible, preferably within a period of one year from the date of receipt of proposal.

Rule is made absolute in above terms. There shall be no order as to costs.

A.I.S.CHEEMA R.M.BORDE JUDGE JUDGE adb/wp251516