Mohmad Hamza Khan S/O Mukram Ahmed Khan v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 CIVIL WRIT PETITION NO. 7728 OF 2020 Mohmad Hamza Khan s/o Mukram Ahmed Khan, Age : 18 years, Occu.: Student, R/o.: Plot No.6, Khasi Pool Bus-stand Road, Near Hire Bhavan Govt Housing Society, Dhule, Tq. & District : Dhule ...

PETITIONER

VERSUS

1.

The State of Maharashtra, (Through its Medical Education Department), Mantralaya Mumbai-32) 2.

The Schedule Tribe Certifcate Scrutiny Committee, M.S.

(Through its Assistant Commissioner or Vice President, Nandurbar Division, Nandurbar, Tq. & Dist. Nandurbar) 3.

The Competent Authority and Commissioner, State Common Entrance Test Cell Mumbai, 8th Floor, New2 Excelsior Building, A. K. Nayak Marg, Fort Near CSMT Mumbai 400 001 (M.S) 4.

Directorate General of Health Services, Ministry of Health & Family Welfare Government of India Medical Counseling Committee (MCC), New Delhi ... RESPONDENTS ...

Advocate for Petitioner : Mr. K. M. Nagarkar AGP for Respondent Nos.1 & 2 : Mr. S. P. Sonpawale Advocate for Respondent No.3 : Mr. M. D. Narwadkar Advocate for Respondent No.4 : Ms. Sudha Chintamani ...

CORAM:

SUNIL P. DESHMUKH & SHRIKANT D. KULKARNI, JJ.

DATED:

12TH NOVEMBER, 2020.

2 1 wp 7728-20 ORDER:

Heard learned counsel for the petitioner. He points out that despite father of the petitioner having been issued validity certifcate of being Tadvi scheduled tribe and a lot of cousins and near relatives also have been issued with validity certifcates of being Tadvi, the committee has erred in declining the claim of the petitioner on technical ground that the certifcate having been not issued by competent authority. He submits that sufcient evidence was placed on record indicating that petitioner's family origin is in Khandesh where ordinarily Tadvis are found. Tribe certifcate had been issued to the petitioner by competent authority from Dhule which is in Khandesh. In the circumstances the committee has been rather too technical in declining to validate the claim of the petitioner. He further submits that the medical admissions are going on and validity certifcate is insisted on from the petitioner.

2.

Learned Assistant Government Pleader Mr. S. P. Sonpawale submits that it would emerge that the certifcate issuing authority, which has issued tribe certifcate to the petitioner was not the authority which had issued certifcate to petitioner's father. In the circumstances, no beneft would inure to the petitioner if the court directs the committee to consider the claim of the petitioner which is not legal and lawful and would not stand test of law. He, therefore, submits that the petition is devoid of

3 1 wp 7728-20 any substance and deserves to be dismissed.

3.

Having regard to aforesaid, we deem it appropriate to direct concerned competent authority from Raver, District : Jalgaon, to immediately issue requisite certifcate to the petitioner on his application with relevant documents in support and having regard to that petitioner's father's tribe has been validated, it would be expedient that the competent authority would issue tribe validity certifcate to the petitioner, immediately on the very next day of making application by the petitioner.

4.

Learned counsel for the petitioner submits that the application would be lodged within a day. In such a case the competent authority to issue necessary certifcate to the petitioner immediately on the next day and thereafter the petitioner may approach concerned scrutiny committee, and the concerned committee to decide on the claim of the petitioner, if it is lodged by Monday, by 25th of November, 2020. 5.

With aforesaid, writ petition is disposed of. (SHRIKANT D. KULKARNI, J.) ( SUNIL P. DESHMUKH, J. ) vsm/