Durgeshwari Balaji Nalamwad Through Grandfather Gangadhar Narayan Puranshettiwar v. The State Of Maharashtra And Others

{1} 939WP5619-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5619 OF 2018 1.

Durgeshwari D/o Balaji Nalamwad Age-: Minor, Occu-Education, R/o; Therban, Tq: Bhokar Dist. Nanded Through grandfather & Power of Attorney Holder Gangadhar S/o Narayan Puranshettiwar Age: 68 Years, Occ. Retired R/o: Gujrati Galli, Tilak Nagar, Dharmabad Tq.Dharmabad, Dist. Nanded

...Petitioner

Versus

1.

The State of Maharashtra, Through its Secretary Tribal Development Department Mantralaya, Mumbai 2.

The Scheduled Tribe Certificate Verification Committee, Aurangabad Through its Deputy Director ® Aurangabad 3.

The Sub Divisional Officer Bhokar District : Nanded

...Respondents

Mr. S.M.Vibhute, Advocate for Petitioner Mr. V.S. Badakh, AGP for Respondents CORAM : R.M.BORDE AND A.M. DHAVALE,JJ.

DATE: 12th June, 2018

{2} 939WP5619-18 ORAL JUDGMENT (PER : R.M. BORDE, J) 1.

Heard.

2.

Rule. With the consent of the parties, the petition is taken up for final disposal at admission stage. 3.

The petitioner is objecting to the orders passed by the Sub Divisional Officer refusing to issue tribe certificate as requested by the petitioner as well as the order passed by the Scrutiny Committee dismissing the appeal presented by the petitioner. The petitioner claims that she belongs to 'Mannervarlu' Scheduled Tribe. She tendered application to the Sub Divisional Officer requesting to issue caste certificate certifying that she belongs to 'Mannervarlu', Scheduled Tribe. The application has been turned down on the ground that petitioner has failed to submit documentary evidence prior to 1950. It has been recorded by this court in several matters that the tribe certificate shall be issued by Competent Authority on the basis of prima facie material and the detailed inquiry is contemplated only at the stage of issuance of validation certificate. In spite of several clear directions contained in various judgments, Sub Divisional Officers as well as the Scrutiny Committees are continuing

{3} 939WP5619-18 to commit same mistakes, which are otherwise avoidable. In the instant matter, the father of the petitioner has been issued a caste certificate by the Taluka Executive Magistrate on 04.07.1991. The school record of the father of the petitioner as well as the petitioner indicates that they belong to 'Mannervarlu' Scheduled Tribe. The mother of the petitioner has also been issued a tribe certificate certifying that she belongs to 'Mannervarlu' Scheduled Tribe by the Taluka Executive Magistrate on 30.07.1994. The school record of the mother of the petitioner also indicates that she belongs to aforesaid tribe. The local inquiry conducted by revenue authority also favours the petitioner. In these circumstances, there was no satisfactory reason for the Sub Divisional Officer as well as the Scrutiny Committee to refuse to issue tribe certificate as requested by the petitioner. For the reasons recorded above, the writ petition is allowed. The impugned orders passed by the Sub Divisional Officer as well as the respondent No.2 - Scrutiny Committee are quashed and set aside.

4.

The respondent No. 3 - Sub Divisional Officer is directed to issue tribe certificate in prescribed proforma as

{4} 939WP5619-18 requested by the petitioner within a period of one week from today.

5.

It is needless to record that the observations made in the instant order are made on the basis of prima facie satisfaction and it would be open for the Scrutiny Committee to arrive at an appropriate finding while considering claim for issuance of the validity certificate to the petitioner.

6.

Rule is made absolute in above terms. There shall be no order as to costs.

( A.M.DHAVALE ) ( R.M.BORDE ) JUDGE JUDGE mta