Ram Shivaji Admulwad v. The Scheduled Tribe Certificate Scrutiny Committee Aurangabad And Others

1 3-WP-3521 and 3538.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3521 OF 2017 RAM SHIVAJI ADMULWAD

VERSUS

THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE, AURANGABAD AND OTHERS AND WRIT PETITION NO. 3538 OF 2017 PRAGATI APPA NANDEDKAR

VERSUS

THE SCHEDULED TRIBE CERTIFICATE, SCRUTINY COMMITTEE, AURANGABAD AND OTHERS -- Mr.Ajay S. Deshpande, Advocate for petitioners Mr.M.B.Bharaswadkar, AGP for respondents/State -- CORAM : S.V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : MARCH 20, 2017 ORDER :

Issue notice to the respondents. The learned AGP waives notice for the respondents. 2.

Heard.

3.

The issue involved in the present petition is no longer res-integra in view of the judgment of Division Bench of this Court delivered on 14.8.2014 in Writ Petition No.4536 of 2014 (Prakash

2 3-WP-3521 and 3538.odt s/o Subhash Bhople Vs. Deputy Collector (General), Latur, District Latur and others) and other connected matters. We also adopt the same course. In light of that, we pass the following order :- a) The petitioners in these petitions may approach the concerned Scrutiny Committee for issuance of photostat copy of the caste/tribe certificate produced by him for verification, within a period of four months from today. The Scrutiny Committee, on receipt of such application, issue attested/authenticated copy of the caste/tribe certificate produced by the petitioners for verification to the Committee. b) The petitioners on receipt of the photostat copy of the caste/tribe certificate, shall approach the concerned Sub-Divisional Officer/competent authority with an application for issuance of caste/tribe certificate within a period of six weeks, thereafter.

c) In the event earlier caste certificate had been issued by the Executive Magistrates, it would

3 3-WP-3521 and 3538.odt be open for the petitioners to tender an application to the Sub-Divisional Officer of the concerned Division and such officer shall entertain the application and shall issue caste certificate in the prescribed proforma on verifying the attested/authenticated photostat copy of the earlier caste certificate.

d) The concerned Sub-Divisional Officer/ Competent Authority, on receipt of the application from the petitioners together with attested/ authenticated photostat copy of the caste/tribe certificate issued earlier, shall proceed to issue caste/tribe certificate in the prescribed proforma certifying that the petitioners belong to 'Mannerwarlu', Scheduled Tribe. The Sub Divisional Officer/Competent Authority shall issue certificate within a period of four weeks from the date of receipt of the application.

e) On receipt of Tribe certificate, the petitioners shall approach the concerned Scrutiny

4 3-WP-3521 and 3538.odt Committee with a proposal in the prescribed proforma requesting the Scrutiny Committee to verify the Tribe Certificate and consider his application for issuance of validity certificate. The petitioners shall approach the Scrutiny Committee within a period of eight weeks from the date of receipt of the caste certificate from the competent authority.

f) On receipt of the proposal from the petitioners, the Scrutiny Committee shall proceed to verify the caste/tribe certificate and take appropriate decision after following the procedure prescribed under law in respect of issuance of validity certificate, as 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 proposal directly and shall not refuse to accept the proposal on the ground that the same has not been routed through proper channel i.e. either the employer or educational institution.

5 3-WP-3521 and 3538.odt h) The institution/college shall not take any adverse action against the petitioners only on the ground of his failure to produce validity certificate and further appropriate action can be taken only subject to the result of verification claim, which would be lodged before the Scrutiny Committee, in accordance with the directions issued in this judgment.

(i) Till the validation proceedings are decided, the respondent - Institution shall not insist for the fees. The petitioners shall file undertaking that if the tribe claim is invalidated by the Committee, the petitioner will pay the full fees as that of an open category candidate.

3.

The Writ Petitions are disposed of. No costs.

[SANGITRAO S. PATIL, J.] [S.V. GANGAPURWALA, J.] kbp