Sudarshan Piraji Gondalwad v. The State Of Maharashtra And Others

1 WP - 4051-2017+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4051 OF 2017 Sudarshan S/o Piraji Gondalwad .. Petitioner VS.

The State of Maharashtra and others .. Respondents ---- Mr. E.S. Murge, Advocate for the petitioner Mr. S.G. Karlekar, A.G.P. for the respondent/State ---- CORAM : S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE : 25-07-2017 ORAL ORDER :

1.

The facts in the present Petition are identical with facts in Writ Petition no. 4042 of 2017, which we have disposed of today, by a detailed order.

2.

In view thereof, this Petition is disposed of by issuing following directions :- 3.

We quash and set aside the impugned orders and direct that within a period of one week from today, the Sub-Divisional

2 WP - 4051-2017+ Officer, Kandhar, District - Nanded, shall issue the Tribe Certificate to the petitioner, stating therein that he belongs to Koli Mahadev Scheduled Tribe.

4.

We clarify that the petitioner, if admitted to Tripura Junior Science Mahavidyalaya, Latur, he shall not be expelled from the said College nor shall his admission be cancelled, merely because the Tribe Certificate is not produced. The moment the Tribe Certificate is received by the petitioner, he shall hand over the same to the Principal of the College.

5.

Needless to clarify that in the event any verification and scrutiny of the claim of the Caste/Tribe certificate is necessary in law, that shall proceed, uninfluenced by our orders. 6.

Writ Petition is allowed accordingly.

[MANGESH S. PATIL] [S.C. DHARMADHIKARI] JUDGE JUDGE arp/