Sravani Sainath Mandalekar Through Her Natural Guardian Father Sainath Gandharrao Mandalekar v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4365 OF 2022 Sravani d/o Sainath Mandalekar, Age : 18 years, Occu. Student, Through her natural guardian i.e. Father, Sainath s/o Gandharrao Mandalekar, Age : 44 years, Occu. Service, R/o At Post Karkheli, Tq. Dharmabad, District Nanded, At Present : R. H. No.24, Gurunanak Nagar, Gondhavani Road, Shrirampur, Tq. Shrirampur, District Ahmednagar.

... Petitioner

Versus

1.

The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai -32.

2.

Deputy Director (Research) and Member Secretary, Scheduled Tribe Certificate Verification Committee, Kinwat, Headquarter Aurangabad, Near Saint Lawrence High School, Town Centre, CIDCO, Aurangabad.

District Aurangabad.

... Respondents ...

Advocate for Petitioner : Mr. C. R. Thorat.

AGP for Respondents-State : Mr. S. B. Yawalkar. ...

CORAM : R. D. DHANUKA, AND S. G. MEHARE, JJ.

DATE : 22.04.2022

ORAL JUDGMENT (PER R. D. DHANUKA, J.) :- 1.

Rule. Learned AGP waives service of notice for respondents-State. Rule is made returnable forthwith and heard finally by the consent of the parties.

2.

The caste claim of the validation is pending before respondent No.2-Committee since 22.03.2021.

3.

Mr. Yawalkar, learned AGP states that the claim is referred to Vigilance Cell for inquiry and would take some time. The petitioner has to appear for C.E.T. examination proposed to held earlier next month.

4.

Respondent No.2 is directed to conduct an inquiry and to pass an appropriate order on or before 30.06.2022. The petitioner shall co-operate with respondent No.2 in deciding the caste claim expeditiously and shall not seek unnecessary adjournment. The order that would be passed by respondent No.2 shall be communicated to the petitioner within one (1) week from the date of passing of the said order. If the order is in favour of the petitioner, the Tribe Validity Certificate shall be issued in favour of the petitioner within one (1) week from the

date of passing of the said order. If the order is adverse against the petitioner, the petitioner would be at liberty to file appropriate proceedings.

5.

Writ Petition is allowed in the aforesaid terms. Rule is made absolute accordingly. No order as to costs. 6.

Parties to act upon the authenticated copy of this order. (S. G. MEHARE, J.) (R. D. DHANUKA, J.) ...

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