Mandar Venkatrao Marakwad v. The State Of Maharashtra Thr Its Secretary And Others

.. 1 .. 7820.2021WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 58 WRIT PETITION NO.7820 OF 2021 MANDAR VENKATRAO MARAKWAD ... Petitioner

VERSUS

THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS .. Respondents ...

Advocate for Petitioner : Mr Chandrakant R. Thorat Addl. G.P. for Respondents / State : Mrs M.A. Deshpande ...

CORAM : S. V. GANGAPURWALA & R.N. LADDHA, JJ.

DATE : 19-07-2021 PER COURT : - 1.

Heard.

2.

The issue involved in the present matter is no longer res integra in view of the judgment of Division Bench of this Court in Writ Petition No.4536 of 2014 and other connected matters dated 14th August, 2014. We also adopt the same course. 3.

In the facts and circumstances, we proceed to issue following directions :

(a) The petitioner may approach the concerned Scrutiny Committee for issuance of photostat copy of the caste / tribe certificate produced by him for verification, within a period of two

2 .. 7820.2021WP weeks from today. The Scrutiny Committee, on receipt of such application, issue attested / authenticated copy of the caste / tribe certificate produced by petitioner for verification to the Committee. (b) The petitioner, on receipt of photostat copy of the caste / tribe certificate, shall approach the concerned Sub Divisional Officer / competent authority with an application for issuance of caste / tribe certificate within a period of two weeks thereafter.

(c) The concerned Sub Divisional Officer / Competent Authority, on receipt of the application of the petitioner, together with attested / authenticate photostat copy of the caste / tribe certificate issued earlier shall, after verifying that the earlier caste / tribe certificate was issued by the Competent Authority, proceed to issue caste / tribe certificate in prescribed proforma certifying that the petitioner belongs to 'Mannervarlu' Scheduled Tribe. The Sub-Divisional Officer / Competent Authority shall issue certificate within a period of two weeks from the date of receipt of the application.

.. 3 .. 7820.2021WP certificate. The petitioner shall approach the Scrutiny Committee within a period of two weeks from the date of receipt of the caste certificate from the competent authority.

(e) On receipt of the proposal from the petitioner, the Scrutiny Committee shall proceed to verify the caste / tribe certificate and take appropriate decision after following procedure prescribed under law in respect of issuance of validity certificates, as expeditiously as possible, preferably within a period of six months from the date of receipt of the proposal / application.

(f) The Scrutiny Committee shall accept the proposal directly and shall not refuse to accept the proposal on the ground that same has not been routed through proper channel, either employer or educational institutions.

4.

Writ Petition is accordingly disposed of. No costs. [ R.N. LADDHA ] [ S. V. GANGAPURWALA ] JUDGE JUDGE ...