Samruddhi D/O Ajay Parate v. State Of Maharashtra, Through Secretary, Department Of Tribal Welfare Development, Mumbai And Other
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4446/2019 (Samruddhi D/o Ajay Parate vs. State of Maharashtra and others) ................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................ Mr.P.S.Tiwari, Adv. for petitioner /s Mr. S.P.Deshpande, Addl.GP for respondent nos.1 & 2 Mr.Khubalkar, Adv.for respondent no.3 CORAM : R.K. DESHPANDE & VINAY JOSHI, JJ.
DATED : 28th June, 2019.
The only relief which can be granted in the present Writ Petition is to direct the Scrutiny Committee to decide the caste claim of the petitioner within a period of three months from today. Rest of the prayers made in the petition cannot be granted for the reason that for the first time the petitioner obtained the caste certificate in the month of January 2019; the caste certificate was submitted to the Scrutiny Committee for verification and scrutiny in the month of March 2019 and now the petitioner is expecting that the Committee should decide her claim on or before 30th June, 2019 by filing this Petition on 26.6.2019. Candidates who are desirous of availing the benefits and concessions meant for reserved categories
have to submit the applications for obtaining caste certificate as well as validity certificate well in time. It is to be understood by the public at large by now that while entering X or XI standards, the caste certificate obtained is required to be forwarded to the Scrutiny Committee for verification and issuance of validity certificate. The petitioner failed to obtain the caste certificate till the month of January,2019 and to forward it to the Scrutiny Committee till the month of March,2019. Hence, we do not find that the petitioner deserves to be granted any relief in this petition, except as afore-stated.
Unfortunately though the father of the petitioner is having a validity certificate, the petitioner has to wait for the Scrutiny Committee to complete its procedure in accordance with law and no direction can be issued by this Court to issue validity certificate without following the procedure of law which is to take sufficient time. The Writ Petition is partly allowed. The respondent-Scrutiny Committee is directed to decide the caste claim of the petitioner within a period of three months from today. Rest of the reliefs claimed in the petition are rejected.
JUDGE JUDGE sahare