Vilas Devising Sable v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3216 OF 2014 Vilas Devising Sable age: 25 years, occu: student, R/o Ravala, Post Jamathi Taluka Soyagaon, District: Aurangabad Petitioner versus The State of Maharashtra through: The Secretary, Tribal Development Department Mantralaya, Maharashtra State Mumbai The Divisional Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad through: Its Vice Chairman The Sub Divisional Officer, Sillod, District Aurangabad Respondents. Advocate for Petitioner : Mr. Nagargoje R.T.

AGP for Respondents: Mrs A.V. Gondhalekar Advocate for Respondents No.2 : Mr. Patil Pravin S. ...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Date: September 07, 2015 ...

ORAL JUDGMENT (Per: R.M. Borde, J) Heard.

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With the consent of the parties, petition is taken up for final decision at admission stage.

The petitioner claims to belong Naikada caste, a scheduled tribe. A certificate issued in his favour has been referred to the caste scrutiny committee for validation. However, scrutiny committee has directed cancellation and confiscation of the caste certificate issued in favour of the petitioner. The scrutiny committee has taken such decision because, according to the scrutiny committee, it has not been issued by the proper authority.

It is not a matter of dispute that, the decision has been rendered by the scrutiny committee, without extending an opportunity of hearing to the petitioner. Since the adverse decision, prejudicial to the interest of the petitioner has been taken, in breach of the principles of natural justice, the decision taken by the scrutiny committee deserves to be quashed and set aside and the same is accordingly quashed and set aside. The mater stands remanded back to the scrutiny committee with a direction to extend an opportunity of hearing to the petitioner

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Writ petition is thus allowed. The order impugned in this petition passed by the scrutiny committee on 2.12.2011 is quashed and set aside and the committee is directed to reconsider the issue after extending opportunity of hearing to the petitioner. The petitioner shall cause appearance before the committee on 21.09.2015 and no separate notice requiring his presence before the committee shall be necessary.

Rule is made absolute accordingly. There shall be no order as to costs.

( P.R. BORA, J. ) ( R. M. BORDE, J. ) vbd