Dinesh Laxman Shirsath v. The State Of Maharashtra And Others
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.5059 OF 2016 Mauli S/o Shriram Nirde Petitioner
Versus
The State of Maharashtra and others Respondents WITH WRIT PETITION NO.5061 OF 2016 Ashok S/o Vilas Bilpe Petitioner
Versus
The State of Maharashtra and others Respondents WITH WRIT PETITION NO.5062 OF 2016 Munjaram S/o Bhagwan Nirde Petitioner
Versus
The State of Maharashtra and others Respondents WITH WRIT PETITION NO.5064 OF 2016 Vishnu S/o Bhagwan Rudre Petitioner
Versus
The State of Maharashtra and others Respondents Mr. S.M. Vibhute advocate for the petitioners Mr. P.S.Patil, Mr. V.M. Kagne, Mr.A.G.Magre, Mr. P.S. Patil, Assistant Government Pleaders for Respondent No.1 to 3. Mr. V.U. Pawar h/f Mr.S.S. Tope advocate for respondent No.4 and 5 _______________
{2} CORAM : R.M. BORDE & K.L.WADANE, JJ (Date : 18 th July, 2016 .) PER COURT :- The petitioner in Writ Petition No.5059/2016 is a student pursuing M.Sc. degree course, whereas the other three petitioners are in employment. The petitioners belong to Koli Mahadev, scheduled Tribe (ST) and had tendered their tribe certificates for verification to the scrutiny committee. However, since the tribe certificate issued to the petitioners record their tribe as Mahadev Koli, the scrutiny committee has directed invalidation of the certificates and permitted the petitioners to secure proper certificates prescribing the correct description of the tribe and submit the said certificates for verification afresh. The issue raised in the instant petitions is no more resintegra, in view of the order passed by this Court in Writ Petition No.4536/2014 on 14.8.2014 and other connected writ petitions. These petitions can also be disposed of by issuing identical directions.
{3} The petitioners may approach the concerned scrutiny committee for issuance of Photostat copy of the tribe certificates produced by them for verification, within a period of four months from today. On receipt of applications, the scrutiny committee shall tender the Photostat /true copy of the certificates produced by respective petitioners, within a period of four weeks from the date of receipt of the applications.
On receipt of Photostat /true copies of the tribe certificate from the committee, the petitioners shall produce the said copy together with an application for issuance of tribe certificate to the concerned Sub Divisional Officer within a period of four weeks from the date of receipt of the Photostat/true copy and on receipt of the application, the concerned Sub Divisional Officer shall issue tribe certificate within a period of four weeks, without embarking upon further enquiry into the matter. On receipt of the tribe certificate from the Sub Divisional Officer, respective petitioner shall tender the proposal for verification of the tribe certificates directly to the scrutiny committee, within a period of six weeks.
{4} proposals. Until the decision by the scrutiny committee in respect of proposals of the petitioners for verification of the tribe certificate, no adverse actions shall be taken against the petitioners With these directions, the writ petitions are disposed of. (K.L.WADANE, J) (R.M.BORDE, J) vbd