Meenabai Rajabhau Yele Minabai Murlidhar Kamble v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 9804 OF 2016 Sau Meenabai w/o Rajabhau Yele @ Minabai d/o Murlidhar Kamble age 30 years, occ. Household r/o Lukhamasla, Post Daithan Tq. Georai, Dist. Beed .. PETITIONER

VERSUS

1.

The State of Maharashtra Through Department of Rural Development Mantralaya, Mumbai 400 032.

2.

The Collector, Beed.

3.

The Scheduled Tribe Certificate Scrutiny Committee Aurangabad Region, Aurangabad through its Joint Director .. RESPONDENTS Mr. D.P. Palodkar, advocate for petitioner.

Mr. S.S. Dande, AG P for the State.

===== CORAM : R.M. BORDE & K.K. SONAWANE, JJ.

DATE : 29th SEPTEMBER, 2016.

ORAL JUDGMENT : ( PER R. M. BORDE, J.) 1.

Rule. Rule made returnable forthwith.

2.

Heard finally with the consent of learned counsel for the respective parties.

3.

The issue involved in the present writ petition is no longer res-integra

and is decided by this Court vide order dated 14.08.2014 in Writ Petition No. 4536/2014 and other connected writ petitions. 4.

In view of above, we also follow the same course. 5.

The 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 petitioner, in this petition, may approach the concerned Scrutiny Committee for issuance of photostat copy of the caste/tribe certificate produced by her for verification, within a period of four months from today. The Scrutiny Committee on receipt of such application, issue attested/authenticated copy of the caste/tribe certificate produced by the petitioner for verification to the Committee.

b) The petitioner, on receipt of photostat copy of the caste/tribe certificate shall approach the concerned SubDivisional Officer / competent authority with an application for issuance of the caste/tribe certificate within a period of six weeks thereafter.

c) It would be open for the petitioner 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 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 application by the petitioner, 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 petitioner belongs to Koli Mahadev, scheduled tribe. The sub Divisional officer/competent authority shall issue certificate within a period of two weeks from the date of receipt of the application. e) On receipt of Tribe certificate, the petitioner shall approach the concerned Scrutiny Committee with a proposal in prescribed proforma requesting the Scrutiny Committee to verify the Tribe Certificate and consider her application for issuance of validity certificate.

The petitioner shall approach the Scrutiny Committee within a period of eight weeks from the date of receipt of the caste/tribe 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 certificate, as expeditiously as possible, preferably within a period of one year from the date of receipt of the proposal/application.

g) The Scrutiny Committee shall accept the proposal directly and shall not refuse to accept the proposal on the ground that the same has not been routed through proper channel.

h) The Collector shall not take any adverse action

against the petitioner only on the ground of her 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 judgment. 6.

With the directions as above, writ petition is disposed of. No costs. ( K. K. SONAWANE ) ( R. M. BORDE ) JUDGE JUDGE dyb