Mahadevi Gunwant Khot v. The State Of Maharashtra And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12017 OF 2017 Dhananjay Sukhdeo Surwase ..

Petitioner

Versus

The State of Maharashtra & Anr.

..

Respondents WITH WRIT PETITION NO. 12018 OF 2017 Mahadevi Gunwant Khot ..

Petitioner

Versus

The State of Maharashtra & Ors.

..

Respondents WITH WRIT PETITION NO. 12019 OF 2017 Namdeo Baburao Anantre ..

Petitioner

Versus

The State of Maharashtra & Ors.

..

Respondents Mr.P.V. Jadhavar, Advocate for the petitioners. Mr.S.W. Munde, A.G.P. for respondents in WP No.12017/2017 Ms.R.P. Gour, A.G.P. for respondents in WP No.12018/2017 Mr.K.D. Munde, A.G.P. for respondents in WP No.12019/2017 CORAM : S.V.GANGAPURWALA & S.M.GAVHANE,JJ.

DATED :

03.10.2017 P.C. :- Heard. Issue notice to respondents. The learned A.G.P. waives notice for the respondents.

2.

The issue involved in the present matter is no longer res integra in view of the judgment of Division

( 2 ) Bench of this Court in Writ Petition No.4536 of 2014 and other connected matters dated 14th August, 2014. 3.

In view of the above, we also adopt the same course.

4.

For the reasons recorded above, view taken by the Scrutiny Committee deserves to be upheld. However, in the facts and circumstances, we proceed to issue certain directions in addition to the directions issued by the Scrutiny Committee, as follows:

(a) The petitioners may approach the concerned Scrutiny Committees for issuance of photostat copy of the caste/tribe certificate produced by him for verification, within a period of four months from today. The Scrutiny Committee, on receipt of such application, issue attested/ authenticated copy of caste/tribe certificate produced by petitioners for verification to the Committee. (b) The petitioners, on receipt of photostat copy of the caste/tribe certificate, shall approach the concerned Sub Divisional Officer/competent

( 3 ) authority with an application for issuance of caste/tribe certificate within a period of six weeks, thereafter.

(c) In the event earlier caste certificate had been issued by the Executive Magistrate, it would be open for the petitioners to tender an application to the Sub Divisional Officer of the concerned Division and such officer shall entertain the application and shall issue caste certificate/s in the prescribed proforma on verifying attested/authenticated photostat copy of the earlier caste certificate.

(d) The concerned Sub Divisional Officer/Competent Authority, on receipt of the applications by the petitioners, together with attested/authenticated photostat copy of the caste/tribe certificate issued earlier, shall proceed to issue caste/tribe certificate in prescribed proforma certifying that the petitioners belong to 'Koli Mahadev', Scheduled Tribe.

The Sub Divisional Officers/Competent Authority shall issue certificate within a period of four weeks from the date of receipt of the application.

(e) On receipt of Tribe certificate,

( 4 ) petitioner, shall approach the concerned Scrutiny Committees with a proposal in prescribed proforma requesting the Scrutiny Committees to verify the Tribe Certificate and consider his application for issuance of validity certificates. The petitioner shall approach the Scrutiny Committee within a period of eight weeks from the date of receipt of the caste certificate from the competent authority.

(f) On receipt of the proposal from the petitioner, the Scrutiny committee shall proceed to verify the caste/tribe certificate and take appropriate decision after following procedure prescribed under law in respect of issuance of validity certificates, as expeditiously as possible, preferably within a period of one year from date of receipt of proposal/application.

(g) The Scrutiny Committee shall accept the proposals directly and shall not refuse to accept the proposals on the ground that same have not been routed through proper channel, either employer or educational institutions.

(h) The education institutions/colleges or the

( 5 ) employer shall not take any adverse action against the petitioner only on the ground of his failure to produce validity certificate and further appropriate action can be taken only subject to result of verification claim, which would be lodged before the Scrutiny Committee, in accordance with the directions issued in this order.

4. The writ petitions stand disposed of accordingly. No costs.

[S.M.GAVHANE,J.] [S.V.GANGAPURWALA,J.] /2017/ 17/ snk SEP