Manjutai Dattu Abulkod And Another v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.70 OF 2019 MANJUTAI DATTU ABULKOD AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Shri G.K.Chinchole h/f Shri Sunil M. Vibhute Advocate for Respondent 2 : Shri P.S. Patil ...

CORAM : NARESH H. PATIL, C.J. & V.M. DESHPANDE, JJ. Dated: March 25, 2019 ...

P. C. :- 1.

Heard learned counsel for the respective parties. 2.

The petitioners / students claim to belong to Mannerwarlu - a Scheduled Caste. They approached the Caste Verification Committee for getting their caste verified and for getting the Validity Certificate. By order dated 18.5.2017, in case of petitioner No.1 and by order dated 25.5.2017, in case of petitioner No.2, the Committee rejected the claim on the ground that the Presidential List does not refer to the caste ' Mannerwarlu'. The committee had further granted liberty to the petitioners to approach the Sub-Divisional Officer, an appropriate authority, for getting the certificate corrected. 3.

The petitioners, instead of approaching the appropriate

authority, have preferred the present Writ Petition. 4.

We have perused the impugned order dated 18.5.2017 in respect of petitioner No.1 - Manjutai Dattu Abulkod and order dated 25.5.2017 in respect of petitioner No.2 - Lakhan passed by the Caste Scrutiny Committee for Verification of Claims for Tribals for Aurangabad region. In those orders itself, liberty is granted to the petitioners to file appropriate documents before the competent authority for obtaining the certificate showing the tribe Mannervarlu. 5.

We, therefore, pass the following order:- "(A) The petitioners may file appropriate applications before the Sub-Divisional Officer for issuing a fresh certificate of 'Mannervarlu' instead of 'Mannerwarlu" within four weeks from today.

(B) On receipt of the petitioners' applications, the Sub Divisional Officer, after verifying the basic documents and record, shall issue appropriate certificate to the petitioners, at the earliest.

(C) On getting such certificate, the petitioners are at liberty to approach the concerned Committee for verification of their respective caste claim." 6.

With the above directions, Writ Petition stands disposed off.

Parties to act on an authenticated copy of this order, duly authenticated by the Court Shirastedar.

( V.M. DESHPANDE, J. ) ( CHIEF JUSTICE ) ...

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