Shravan Vilas Zadpide Through His Father Vilas Vasantrao Zadpide v. The State Of Maharashtra And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION St.NO.12530 OF 2020 Shravan Vilas Zadpide, Age Minor, Occ. Education, Under Guarding of his father Vilas Vasantrao Zadpide, Age: 44 years, occu: Pujari R/o Tuljapur, Tq. Tuljapur Dist. Osmanabad Petitioner versus The State of Maharashtra through its Secretary, Tribal Department, Mantralaya, Mumbai 32 The Sub-Divisional Officer, Osmanabad Dist. Osmanabad The Scheduled Caste Vimukta Jati Nomadic Tribe, Other Backward Class, Special Backward Class, (District Caste Scrutiny Committee) Osmanabad, through it's Member Secretary Respondents ...

WRIT PETITION ST. NO.12531 OF 2020 Sakshi Vilas Zadpide, Age: 19 years, occu: Education R/o Tuljapur, Tq. Tuljapur Dist. Osmanabad Petitioner versus The State of Maharashtra through its Secretary, Tribal Department, Mantralaya, Mumbai 32

{2} The Sub-Divisional Officer, Osmanabad Dist. Osmanabad The Scheduled Caste Vimukta Jati Nomadic Tribe, Other Backward Class, Special Backward Class, (District Caste Scrutiny Committee) Osmanabad, through it's Member Secretary Respondents ...

Mr. A.V. Indrale Patil h/f Mr. A.N. Gaddime advocate for the petitioners Mr. K.D. Munde, Mrs. D.S. Jape, AGPs for State. ...

CORAM: S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ Date: JULY 30TH, 2020 ...

ORAL JUDGMENT (Per: S.V. Gangapurwala, J) Rule. Rule made returnable forth-with.

Heard learned counsel for the petitioners and the learned AGPs.

Learned advocate for the petitioners submits that initial applications of the petitioners for issuance of caste certificate of Bhope (NT) were rejected by the Sub Divisional Officer (SDO). The petitioners preferred appeal before the Scrutiny Committee. The Scrutiny committee allowed the appeal of the petitioners and directed issuance of caste certificate to the petitioners. The SDO,

{3} thereafter rejected the application of the petitioners on the ground that sufficient documentary evidence is not produced on record.

We have perused the order passed by the Scrutiny Committee. The Scrutiny Committee, in appeal, has set aside the Judgment of the SDO and directed issuance of caste certificate to the petitioners. Once the appeal is allowed by the scrutiny committee i.e. the appellate authority, the SDO does not have any jurisdiction to sit over the Judgment of the appellate authority and deny issuance of caste certificate to the petitioners.

The appellate authority has considered the evidence produced by the petitioners on record and also the factum of the caste certificate issued in favour his near relative i.e. the real brother.

Int he light of above, the impugned orders are quashed and set aside. The SDO shall issue caste certificate to the petitioners of Bhope (NT) caste immediately.

Rule is accordingly made absolute.

(SHRIKANT D. KULKARNI, J) ( S. V. GANGAPURWALA, J. ) vbd