Pratiksha Pochanna Kamtalwar And Another v. The State Of Maharashtra And Others

W.P.2383/2018 (904)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.2383 OF 2018 Pratiksha d/o Pochanna Kamtalwar and anr.

.. Petitioners

Versus

The State of Maharashtra and anr.

.. Respondents Mr S.M. Vibhute, Advocate for petitioners Mrs V.N. Patil Jadhav, A.G.P. for respondents CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ Date : 1st March 2018 PER COURT 1.

The applications filed by the petitioners for issuance of 'Mannervarlu - Scheduled Tribe' are rejected. The appeal filed is dismissed. Aggrieved thereby, the present petition. 2.

It is trite, at this stage, the authority has to be prima facie satisfied. The father of the petitioners has been issued the validity certificate of 'Mannervarlu - Scheduled Tribe'. In light of the validity certificate issued in favour of father of the petitioners and school record of the petitioners showing caste recorded as 'Mannervarlu - Scheduled Tribe', the impugned orders cannot be sustained. 3.

The impugned orders dated 21.2.2018 passed by respondent no.2 - Committee, rejecting the Appeals of the petitioner and the order dated 5.12.2017, passed by respondent no.3 Sub Divisional Officer, Nanded are quashed and set aside.

W.P.2383/2018 (904) 4.

Respondent no.3 shall issue tribe certificate to the petitioners of 'Mannervarlu - Scheduled Tribe' within a period of four weeks. 5.

Writ Petition is accordingly allowed. No costs. ( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) vvr