Pradip Babasaheb Nirde Thr Father And Natural Guardian Babasaheb Ramnarayan Nirde v. The Union Of India Through Secretary And Others
1 934-wp 12081-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 12081 OF 2021 Pradip Babasaheb Nirde Through father and natural guardian Babasaheb Ramnarayan Nirde .. Petitioner
Versus
The Union of India and others .. Respondents Mr. Sunil M. Vibhute, Advocate for the Petitioner. Mr. Anilkumar B. Dhongade, Advocate for Respondent Nos. 1 and 2. Mr. S. B. Pulkundwar, AGP for Respondent No. 3. CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.
DATED : 28th October, 2021.
PER COURT:- .
The application filed by the petitioner for grant of tribe certificate is rejected.
2.
Mr. Vibhute, learned counsel submits that the Coram is not available with the committee. The petitioner requires the tribe certificate for admission to the Jawahar Navodaya Vidyalaya, as such has moved the writ petition.
3.
In normal course, we would not entertain the writ petition. However, considering the difficulties faced i.e. the Coram is not
2 934-wp 12081-2021.odt available and the requirement of the petitioner to submit the tribe certificate, we have entertained the writ petition. 4.
It is submitted that the father of the petitioner is issued with the validity certificate of Koli Mahadev (Scheduled Tribe). No further evidence would be required for issuing the tribe certificate to the petitioner. The documents placed on record also depict the entries of tribe recorded as Koli Mahadev (Scheduled Tribe) in the school record of the petitioner and his father.
5.
At this stage of issuance of the tribe certificate the authority has to prima facie satisfied.
6.
In the light of the above, the impugned order is quashed and set aside. The concerned Sub Divisional Officer shall issue the tribe certificate to the petitioner of Koli Mahadev (Scheduled Tribe) immediately.
7.
Writ petition is disposed of. No costs.
( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.