Bhagyashri Murlidhar Baviskar And Another Through Father Murlidhar Uttam Baviskar v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4125 OF 2019

1. Bhagyashri d/o Murlidhar Baviskar

2. Rajashri d/o Murlidhar Baviskar ... Petitioners Both minor students, u/g of father Murlidhar Uttam Baviskar, R/o Tawase Bk. Post Kurwel Tq. Chopda, Dist. Jalgaon

VERSUS

1. The State of Maharashtra Department of Tribal Development Mantralaya, Mumbai

2. The Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division

3. The Sub Divisional Officer, Amalner Division, Dist. Jalgaon

4. The Director of Technical Education, Maharashtra State, Mumbai.

... Respondents Mr. Madhur A. Golegaonkar and Anil S. Golegaonkar, Advocate for the petitioners.

Mr. P. S. Patil, Addl.G.P. for the Respondents State

CORAM

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

DATE : 28th March, 2019 PER COURT :

1.

Grievance is that on-line proposals have been filed but the physical proposals have not been accepted by the Scrutiny Committee for verification of tribe 1/3

claim of the petitioners of Tokre Koli, Scheduled Tribe. According to the petitioners, the Committee states that the certificates are not in proper Form 'C', but the Sub Divisional Officer has issued the Certificate in Form 'C'.

2.

Learned A.G.P. submits that though the certificates apparently appears to have been issued in Form 'C', but all the contents of Form 'C' do not appear in the said certificates.

3.

In the light of above, the Scrutiny Committee shall provisionally accept the proposals of the petitioners for verification of tribe claim.

4.

The Sub Divisional Officer, Amalner Division, Amalner shall issue fresh certificates to the petitioners in proper Form 'C' upon undertaking given by the petitioners that the petitioners would return the earlier Form 'C' certificates issued to the petitioners. The Certificates in proper Form 'C' shall be issued by the S.D.O. within two weeks.

5.

The petitioners shall produce the said new 2/3

certificates issued to them in proper form with the Scrutiny Committee and the Scrutiny Committee shall return the earlier certificates produced by the petitioner alongwith proposals so as to enable the petitioners to resubmit the certificates to the Sub Divisional Officer and the same shall be resubmitted by the petitioners to the Sub Divisional Officer, Amalner. 6.

With these observations, the writ petition is disposed of. No costs.

7.

Authenticated copy be given.

(A. M.DHAVALE,J.) (S.V.GANGAPURWALA, J.) JPC 3/3