Shailesh Yoganand Gandhale v. The State Of Maharashtra And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6876 OF 2016 Shailesh s/o Yoganand Gandhale, age: 20 years, Occ: Education, R/o Choramba, Tq. Dharur, District Beed.

Petitioner

Versus

01 The State of Maharashtra, through Secretary to Tribal Development, Mantralaya, Mumbai.

02 The Scheduled Tribe Certificate Verification Committee, Aurangabad, through its Deputy Director (R), Aurangabad.

03 The Sub Divisional Officer, Ambajogai, District Beed/ Special Land Acquisition Officer, Jayakwadi Project, Beed.

04 The Sub Divisional Officer, Majalgaon, District Beed.

Respondents 05 The Registrar, } Respondent No.5 Maharashtra Animal & Fishery } stands deleted Sciences University, } vide Court's order Futala Lake Road, Nagpur, } dated 01.07.2016.

Nagpur, District Nagpur.

Mr.Sunil M. Vibhute, advocate for the petitioner. Mr.P.S.Patil, AGP for Respondents.

CORAM : R.M.BORDE & K.L.WADANE, JJ.

{2} DATE : 01st July, 2016 PER COURT:

At the request of learned Counsel for the petitioner, name of Respondent No.5 stands deleted.

Petitioner claims to belong to Koli Mahadev, Scheduled Tribe and is desirous of seeking admission to Maharashtra Animal & Fishery Sciences University, Nagpur. The claim for verification of his tribe certificate has been rejected on the ground of error appearing in the tribe certificate issued by the Sub Divisional Officer/Special Land Acquisition Officer, Beed. In the tribe certificate issued to the petitioner, description of the tribe is recorded as "Mahadev Koli" in stead of "Koli Mahadev". Several writ petitions, viz. W.P.No.4536 of 2014 with connected matters, decided on 14th August, 2014, involving identical issue and raising similar challenge, have been disposed of by this Court with certain directions to the Respondent-authorities i.e. the tribe certificate issuing authority as well as the Scrutiny Committee.

This petition can also be disposed of in terms of the directions issued by this Court in aforesaid group of writ petitions. The petitioner is possessed of true copy of the tribe certificate issued by the Sub Divisional Officer/ Special Land Acquisition Officer, Beed in the year 2008. The petitioner shall tender an application to the Sub Divisional Officer, Majalgaon, together with true or attested copy of the tribe certificate and true

{3} copy of the validity certificate issued in favour of his father within a period of three days from today. On receipt of the application, the Sub Divisional Officer, Majalgaon, shall issue tribe certificate in favour of the petitioner with correct description in prescribed proforma within two days from the date of receipt of application. On receipt of the tribe certificate, petitioner shall directly tender same to the Scrutiny Committee and the Scrutiny Committee shall accept the proposal and issue receipt in respect of pendency of proposal for verification of tribe certificate of the petitioner. The receipt so issued by the Scrutiny Committee shall entitle the petitioner to claim admission to the desired course. With the directions as above, writ petition stands disposed of.

Parties to act upon authenticated copy of this order. K.L.WADANE R.M.BORDE JUDGE JUDGE adb/wp687616