Shivkumar Ananda Upwad Minor Through U/G Father Ananda Maroti Upwad v. The State Of Maharashtra And Others

1 Sr919WP3259.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 3259 OF 2018 Shivkumar Ananda Upwad Minor through u/g Father Ananda Maroti Upwad ... Petitioner

VERSUS

The State of Maharashtra & Ors.

... Respondents ..........

Mr Sunil M. Vibhute, Advocate for the petitioner Mr P. S. Patil, AGP for respondent/State .............

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 28TH MARCH, 2018.

ORDER:

1.

Notice to respondents. Learned AGP waives service of notice for all respondents.

2.

The application filed by the petitioner for issuance of tribe certificate of Mannervarlu (Scheduled Tribe) is rejected. The appeal filed against the same is dismissed.

3.

Mr Vibhute, learned counsel for the petitioner submits that, the father of the petitioner is issued with the tribe certificate of

2 Sr919WP3259.2018 Mannervarlu (Scheduled Tribe). The school record of the father of the petitioner records caste as Mannervarlu and there is no contra evidence on record.

4.

We have heard learned Assistant Government Pleader. 5.

The school record of the petitioner and his father records caste as Mannervarlu. The father is also issued with the caste certificate of Mannervarlu (Scheduled Tribe). 6.

In the light of the above, the impugned order is quashed and set aside. Respondent No. 3 shall issue caste certificate to the petitioner of Mannervarlu (Scheduled Tribe) within six weeks. Such certificate will have to be verified by the Committee. 7.

Writ Petition is accordingly disposed of. No costs. [ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde