Vaishnavi Madhav Bhadewad Through Father Madhav Dattaram Bhadewad v. The State Of Maharashtra And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2795 OF 2018 Vaishnavi D/o Madhav Bhadewad Madhav S/o Dattram Bhadewad Age:- 47 years, Occ: Service Shri. P.S. Patil, A.G.P. for all Respondents.

( 2 ) WITH WRIT PETITION NO. 2796 OF 2018 Deepak S/o Gangadhar Bhadewad Gangadhar S/o Dattram Bhadewad Age:- 42 years, Occ: Service Smt. M.A. Deshpande, Addl.G.P. for all Respondents.

( 3 ) WITH WRIT PETITION NO. 2798 OF 2018 Shrinivas S/o Madhav Bhadewad Madhav S/o Dattram Bhadewad Age:- 47 years, Occ: Service Smt. Vaishali N. Patil-Jadhav, A.G.P. for all Respondents.

( 4 ) CORAM : S.V. GANGAPURWALA AND SUNIL K. KOTWAL, JJ.

DATED : 15 th March, 2018 ORAL JUDGMENT (Per S. V. Gangapurwala, J) :- .

Rule. Rule made returnable forthwith. The learned A.G.P. accepts notice of rule for all respondents in respective matters. Heard finally with the consent of learned counsel for parties.

In all these matters applications filed by petitioners for issuance of tribe certificates as belonging to 'Mannervarlu' (Scheduled Tribe) are rejected.

It is submitted that the fathers of all these petitioners have been issued with the validity certificates as belonging to 'Mannervarlu' (Scheduled Tribe). All these petitioners belong to one family as it would be seen that the fathers of petitioners and their paternal uncles are issued with the validity certificates. Relying on one entry of one of the members of the family, the applications are rejected. 5.

It is trite that, at this stage the authority has to be prima facie

( 5 ) satisfied. When the fathers of petitioners have been issued with validity certificates, the authority ought to have issued the tribe certificates to petitioners. Even otherwise said tribe certificates are subject to verification by the committee.

6.

In the light of the above, impugned orders are quashed and set aside. The respondent/Sub Divisional Officer shall issue tribe certificates to petitioners of 'Mannervarlu' (Scheduled Tribe), which certainly will have to be verified by the committee.

7.

Rule is accordingly made absolute in above terms. No costs. [ SUNIL K. KOTWAL, J. ] [ S. V. GANGAPURWALA, J. ] ass/wp 2795.18