Samarth Maheshkumar Palle Through Father And Natural Guardian Maheshkumar Balu Palle v. The Union Of India Through Its Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 WRIT PETITION NO.7584 OF 2022 SAMARTH MAHESHKUMAR PALLE, THROUGH FATHER AND NATURAL GUARDIAN MAHESHKUMAR BALU PALLE

VERSUS

THE UNION OF INDIA, THROUGH ITS SECRETARY AND OTHERS ....

Mr S. M. Vibhute, Advocate for petitioner;

Mr A. G. Talhar, ASGI for respondent No.1 Mr S. P. Tiwari, A.G.P. for respondent/State CORAM : RAVINDRA V. GHUGE AND ANIL L. PANSARE, JJ.

DATE : 20th July, 2022 PER COURT:

1.

The petitioner is of 11 years, who has appeared through his biological father. He has been selected to join the Jawahar Navodaya Vidyalaya, which is an autonomous school of Ministry of Education, Government of India (Department of School Education and Literacy), at Latur. Such admission is on a seat reserved for 'Koli Mahadev' Scheduled Tribe. Consequentially, a tribe certificate is to be tendered and the last date for submission

(2) of documents is 22/07/2022.

2.

It is further submitted that the petitioner has already tendered an application to respondent No.3 on 06/05/2022 and is awaiting issuance of a certificate.

3.

We are aware that the scrutiny of the application is to be performed and only after the authorities are convinced, that a certificate can be issued. In the instance case, the elder sister of the petitioner has already been granted an identical scheduled tribe certificate.

4.

This Court has taken a view vide the order dated 08/10/2007, delivered in Writ Petition No.5747/2007, filed by Kum. Chandrakala Hanmantrao Padalwar Vs. Union of India and others and the order dated 26/03/2019 in Writ Petition No.3796/2019, filed by Vaishnavi Shankarrao Pupulwad. Provisional selection has been granted and the tribe certificate is directed to be issued within four weeks.

5.

In view of the above, this petition is disposed off with the following directions :-

(3) (a) Respondent No.3 shall complete the procedure, as is laid down in law and if the petitioner is found eligible, issue a tribe certificate, on or before 25/08/2022 at 11.00 a.m. (b) The biological father of the petitioner would remain present on the said date and time, and by completing the procedure, would receive the tribe certificate, if granted. (c) Such certificate shall be tendered to respondent No.2 - Principal, on or before 03/09/2022.

(d) Until 03/09/2022 or till the submission of tribe certificate, whichever is earlier, the petitioner would not be prevented from being admitted and from attending the classes.

6.

In the event, the tribe certificate is refused, respondent No.2 would be at liberty to initiate appropriate steps, but not prior to 15 days from the date of such refusal, so as to enable the petitioner to approach the appellate authority.

(ANIL L. PANSARE, J.) (RAVINDRA V. GHUGE, J.) sjk