Padmavati Balaji Shinde v. The State Of Maharashtra And Others

1 wp 8449.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8449 OF 2018 Padmavati Balaji Shinde .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Pratap V. Jadhavar, Advocate for the Petitioner. Shri P. G. Borade, A.G.P. for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 18TH SEPTEMBER, 2019.

FINAL ORDER :

.

Application filed by the petitioner for issuance of tribe certificate of Thakur (Scheduled Tribe) is rejected. Appeal filed against the same is also dismissed.

2.

The learned counsel for the petitioner submits that, the father and the grandfather have been issued with the tribe certificates of Thakur (S.T.). The school record of the petitioner records tribe as Thakur. So also school record of the father and grandfather of the petitioner records tribe as Thakur. 3.

We have also heard the learned Assistant Government

2 wp 8449.18 Pleader for respondents.

4.

It is trite that at the time of issuance of tribe certificate authority has to be prima facie satisfied. Long drawn enquiry is not contemplated. Even otherwise, the tribe certificate will have to undergo acid test of scrutiny at the time of verification. The father and grandfather of the petitioner have been issued with the tribe certificates of Thakur.

5.

Considering the above, the impugned orders are quashed and set aside. The Sub Divisional Officer/respondent No. 3 shall issue tribe certificate to the petitioner of Thakur (Scheduled Tribe) expeditiously. Naturally same would be subject to scrutiny by the Committee.

6.

In view of the above, the writ petition is disposed of. No costs.

[ANIL S. KILOR, J.] [S. V. GANGAPURWALA, J.] bsb/Sept. 19