Bharati Bharat Gajalwad v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad Through Its Deputy Director And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12057 OF 2016 Bharati w/o Bharat Gajalwad Petitioner

Versus

Scheduled Tribe Certificate Scrutiny Committee, Aurangabad and others Respondents Mr.Anil S. Shivpuje, advocate for the petitioner Mr.K.D.Mundhe, A.G.P. for Respondents No.1 to 3. CORAM : R.M.BORDE & SANGITRAO S. PATIL, JJ.

DATE : 07th December, 2016 PER COURT:

Petitioner claims to be belonging to "Koli Mahadev", Scheduled Tribe and came to be appointed on the post of Peon in Respondent No.5-school. Respondent No.5-school forwarded the proposal in respect of verification of tribe certificate of the petitioner to Respondent No.1-Scrutiny Committee.

The Scrutiny Committee, noticing that the certificate secured by the petitioner is not in proper format and tribe recorded in the certificate is 'Mahadev Koli' and not 'Koli Mahadev', proceeded to direct cancellation and confiscation of the caste/tribe certificate with liberty to the petitioner to secure the caste/tribe certificate in proper format and produce same before the Scrutiny Committee for verification.

In the facts and circumstances of this case, this petition can be disposed of in view of the decision rendered by this Court in Writ Petition No.4536 of 2014 and other connected matters, decided on 14.08.2015. The petitioner may approach the concerned Scrutiny Committee for issuance of photostat/certified copy of the caste/tribe certificate produced by her for verification, within a period of two weeks from today. The Scrutiny Committee, on receipt of the application from

{2} wp1205716.odt petitioner, shall issue her photostat/certified copy of the caste/tribe certificate within a period of two weeks from the date of receipt of the application. Within a period of one week from receipt of the photostat / certified copy, the petitioner shall tender an application in the prescribed proforma along with photostat / certified copy of the caste/tribe certificate to the Sub Divisional Officer requesting him to issue caste/tribe certificate. On receipt of the application, the Sub Divisional Officer, without further embarking upon any inquiry, shall issue caste/tribe certificate in favour of the petitioner certifying that she belongs to 'Koli Mahadev', Scheduled Tribe, within a period of one week from the date of receipt of the application.

The Sub Divisional Officer shall not refuse to issue caste/tribe certificate on any other ground and shall issue the same as directed by us within the time stipulated above. On receipt of the tribe certificate from the competent authority, petitioner shall tender a proposal in prescribed proforma to the Scrutiny Committee within a period of three weeks and the Scrutiny Committee shall proceed to pass an appropriate order in respect of verification of the caste/tribe certificate within a period of eight months from the date of receipt of proposal from petitioner.

With the directions as above, writ petition stands disposed of.

(SANGITRAO S. PATIL) (R.M.BORDE) JUDGE JUDGE adb/wp1205716