← Library
Bombay High CourtWP/8708/2019disposed offdismissed for default

Manjusha Sanjaykumar Uligade Through Father Sanjay Gangadhar Uligade v. The State Of Maharashtra Through Sub Divisional Officer Degloor

2019-07-18Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

1 wp 8708.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8708 OF 2019 MANJUSHA SANJAYKUMAR ULIGADE THROUGH FATHER SANJAYKUMAR GANGADHAR ULIGADE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SUB DIVISIONAL OFFICER DEGLOOR NANDED ...

Advocate for Petitioner :

Mr. Thorat Chandrakant R.

AGP for Respondents : Mr. P. S. Patil ...

CORAM: S. V. GANGAPURWALA & MANGESH S. PATIL, J.

DATE:

th JULY, 2019 PER COURT:

1.

In normal course we would not have entertained the present writ petition as the petitioner has remedy of appeal. The learned counsel submits that the petitioner is selected for Navodaya School and is required to submit the caste certificate.

2.

The learned counsel submits that the father of the petitioner is issued with the validity

2 wp 8708.19 certificate of Koli Mahadev, Scheduled Tribe. 3.

We have also heard the learned A.G.P. for the respondents.

4.

It is trite that, at the time of issuance of caste certificate the authority has to be prima facie satisfied. The validity certificate is issued to the father of the petitioner. The Sub Divisional Officer only on the ground that documents prior to 1950 are not filed on record has rejected the application.

5.

Considering the above, the impugned order is quashed and set aside. The Sub Divisional Officer, Degloor shall issue caste certificate to the petitioner of Koli Mahadev, Scheduled Tribe within a period of seven (07) days.

6.

Writ Petition is disposed of. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] marathe