Jayesh Hilal Thakur v. Scheduled Tribe Certificate Scrutiny Committee Through Its Member Secretary And Others

6-wp.10697.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10697 OF 2015 Jayesh s/o. Hilal Thakur, Age : 30 years, Occ. Service, r/o. Taskhede, Tq. Amalner, Dist. Jalgaon ..Petitioner Vs.

1.

Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Region, through its Member Secretary 2.

W.K.B. Seva Mandal's Arts & Commerce College of Women, Deopur, Dhule through its Principal ..Respondents ---- Mr. M.S.Deshmukh, Advocate for petitioner Mrs.G.L.Deshpande, AGP for respondent no.1 ---- CORAM : PRASANNA B. VARALE AND R.G. AVACHAT, JJ.

DATE : JULY 30, 2019 ORDER :- For the reasons recorded separately, the petition is allowed in terms of prayer Clauses (A) and (B). Respondent no.1 - Scrutiny Committee is directed

6-wp.10697 to issue certificate of validity in favour of the petitioner in the prescribed form, within eight weeks from today.

2.

By communication dated 12.12.2018, the Deputy Director/Member Secretary of Caste Scrutiny Committee, had informed that the record is not traceable and the Committee is trying to search the same. This Court, by order dated 25.01.2019, was pleased to observe that if there is possibility of not tracing the record in the future, the Committee needs to take immediate steps for reconstruction of the record. Again, on 29.03.2019, this Court expected that the Committee shall make serious efforts to reconstruct the record.

3.

Today, learned AGP submits that as the record is not available with the Committee, the petitioner may be directed to furnish necessary documents, such as, original caste certificate, to the Committee.

6-wp.10697 4.

Mr.Deshmukh, learned Counsel for the petitioner, per contra, submits that all the original documents were already submitted to the Committee at the time of validation of the claim. However, the petitioner will provide authenticated/true copies of the Caste Certificate to the Committee within one week from today.

5.

The statement made by Mr.Deshmukh, learned Counsel, is accepted as an undertaking to this Court. Now, we see no impediment for the Committee to undertake the exercise of issuance of validity certificate to the petitioner within the stipulated period, as directed by this Court.

6.

The Writ Petition is disposed of accordingly.

[R.G. AVACHAT, J.] [PRASANNA B. VARALE, J.] kbp