Aashish Keshav Chavan v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:13751-DB 1 WP / 7093 / 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 WRIT PETITION NO. 7093 OF 2024 AASHISH KESHAV CHAVAN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Advocate for petitioner : Mr. Om Totawad h/f. Mr. A.S. Bayas Addl.GP for the respondent - State : Mr. P.S. Patil ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 10 JULY 2024 PC :

The petitioner is aggrieved by the fact that he was directed to be issued with a certificate of validity by the order of this Court dated 05-07-2023 in writ petition no. 12252 of 2018, however, the certificate of validity issued to him was superimposed with a stamp with words 'conditional validity'.

2.

Since a certificate of validity has to be issued strictly in form 'G' under rule 12(7) and 12(9)(a) of the rules framed under the Maharashtra Act No. XXIII of 2001, it was unbecoming of the scheduled tribe certificate scrutiny committee to incorporate anything beyond the prescribed form. The stamp superimposed incorporating that it is a 'conditional validity', is a distortion of the original form in

2 WP / 7093 / 2024 which the certificate has to be issued. The committee should not have done so.

3.

Be that as it may, we allow the writ petition and direct the committee to issue the petitioner a fresh certificate of validity on his surrendering the earlier original certificate of validity, without incorporating any stipulation therein, strictly in form 'G'. 4.

The petitioner may appear before the committee on 15 July 2024.

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/