Maruti Dnyanoba Budhware v. The State Of Maharashtra And Others

1 63-WP-2864-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2864 OF 2020 Maroti S/o Dnyanoba Budhware

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr S.M. Vibhute, Advocate for Petitioner Mr P.S. Patil, Addl. G.P. for Respondents-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 17th FEBRUARY, 2020 PER COURT :

1.

Heard.

2.

The issue involved in the present matter 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. We also adopt the same course. 3.

In view of the above, we also follow 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 we

2 63-WP-2864-2020 also follows:

(a) The petitioner may approach the concerned Scrutiny Committees for issuance of photostat copy of the caste/ tribe certifcate produced by him for verifcation, within a period of four months from today. The Scrutiny Committee, on receipt of such application, issue attested/authenticated copy of the caste/tribe certifcate produced by petitioner for verifcation to the Committee.

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

(c) In the event earlier caste certifcate had been issued by the Executive Magistrate, it would be open for the petitioner to tender an application to the Sub Divisional Ofcer of the concerned Division and such ofcer 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.

3 63-WP-2864-2020 (d) The concerned Sub Divisional Ofcer/Competent Authority, on receipt of the application of the petitioner, together with attested/authenticate photostat copy of the caste/tribe certifcate issued earlier shall, after verifying that the earlier caste/tribe certifcate was issued by the Tahsildar, proceed to issue caste/tribe certifcate in prescribed proforma certifying that the petitioner belongs to 'Mannervarlu', Scheduled Tribe. The Sub Divisional Ofcers/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 petitioner, 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 petitioner shall approach the Scrutiny Committee within a period of eight weeks from the date of receipt of the caste certifcate from the competent authority. (f) On receipt of the proposal from the petitioner, 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

4 63-WP-2864-2020 expeditiously as possible, preferably within a period of one year from the date of receipt of the proposal/application.

(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, either employer or educational institutions.

(h) The education institutions/colleges or the employer shall not take any adverse action against the petitioner only on the ground of his 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 judgment.

5. The writ petition stand disposed of accordingly. No costs. [ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta