Kiran D/O Ramdas Pawar v. State Of Maharashtra, Department Of Tribal Development, Mumbai Through Secretary And Another
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.
4018/2021 Kiran d/o Ramdas Pawar, Age-27 years, Occ.Student, R/o. Mahajanpura, Dattuwadi, Near Nagbaba Mandir, Amravati, Tq. and District Amravati.
....... PETITIONER ...V E R S U S...
1] The State of Maharashtra, Department of Tribal Development, Mantralaya, Mumbai-32.
Through its Secretary.
2] The Scheduled Tribe Certificate Scrutiny Committee, Amravati Division, Amravati.
Through its Member Secretary.
....... RESPONDENTS -------------------------------------------------------------------------------------------------------------------- Shri Ashish P.Chaware, Advocate for petitioner. Ms S.S.Jachak, Assistant Government Pleader for respondents. -------------------------------------------------------------------------------------------------------------------- CORAM : A.S.CHANDURKAR and G.A.SANAP, JJ.
DATE : 22nd FEBRUARY, 2022.
ORAL JUDGMENT (Per A.S.CHANDURKAR, J.) Rule. Rule made returnable forthwith. Heard the learned counsel for the parties.
2.
The only relief sought by the petitioner is a direction to be issued to the respondent no.2-Scrutiny Committee to process her application for
2/3 verification of her caste certificate. The petitioner claims that she belongs to 'Thakur' Scheduled Tribe. It is her case that on 08.02.2020 she had furnished her application seeking verification of her caste certificate. The petitioner was informed that her application had been submitted successfully and she was given the application number for pursuing the progress of the proceedings. Thereafter the petitioner was called upon to remain present on 03.04.2020 for physical scrutiny of the documents. The petitioner however claims that thereafter there has been no progress in the matter for the reason that the application submitted by her was without recommendation letter from any Authority. The petitioner seeks to rely upon the order passed by this Court in Writ Petition No. 14313 of 2017 (Aditya Ramesh Galande vs. The State of Maharashta and anr.) decided on 20.12.2017 at the Principal Seat to submit that the proposal as submitted be directed to be verified. 3.
Ms S.S.Jachak, learned Assistant Government Pleader for the respondents does not dispute the communication issued by the Scrutiny Committee indicating the acceptance of the petitioner's application. 4.
We have perused the decision in Aditya Ramesh Galande (supra). It has been held therein that a proposal made by a private person is also required to be verified. In view of this position, the writ petition is disposed of by directing the Scrutiny Committee to scrutinise the caste certificate of the petitioner in accordance with law as the petitioner seeks issuance of a validity
3/3 certificate in that regard. The Scrutiny Committee shall not insist for such application to be accompanied by a letter of recommendation of any Authority. The process of verification be completed within a period of nine months from the first date of appearance of the petitioner before the Scrutiny Committee. The petitioner shall appear before the Scrutiny Committee on 07.03.2022 alongwith a copy of this order to enable the necessary adjudication. Rule is made absolute in aforesaid terms. No costs. (G.A.SANAP, J.) (A.S.CHANDURKAR, J.) Andurkar..
ANDURKAR Personal Assistant 23.02.2022 14:47