Bhanudas Dinkar Pawar v. Scheduled Tribe Caste Certificate Verification Committee Pune Thr. Its Member Secretary And ORS

45.WPNo.95202021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9520 OF 2021 Bhanudas Dinkar Pawar ...

Petitioner

Versus

Scheduled Tribe Caste Certifcate Verifcation Committee Pune & Ors.

...

Respondents Mr. S. G. Kudle, Advocate for the Petitioner. Mrs. R. M. Shinde, AGP for the Respondents.

CORAM:

S.V. GANGAPURWALA & VINAY JOSHI, JJ.

DATED :

APRIL 6, 2022 P.C.

1.

Heard.

2.

The learned counsel for the petitioner submits that the Scrutiny Committee refused to consider the validation proceedings before it only on the ground that the Caste Certifcate produced by the petitioner was not in proper Form 'C'. The learned counsel submits that the certifcate issued to the Petitioner is of the year 1986. On the said date, the Maharashtra Scheduled Tribes (Regulation of Issuance and Verifcation of) Certifcate Rules, 2003 were not in force. It is only under Rules 2003, separate forms are provided. The learned counsel refers to the judgment of the Division Bench of this Court dated 05.02.2021 in Writ Petition (St.) No.5836 of 2020 and other judgments. Gaikwad RD 1/2

45.WPNo.95202021.doc 3.

The caste certifcate of the Petitioner dated 24.09.1986 was referred to the Scrutiny Committee for validation. The Scrutiny Committee disposed of the proceedings only on the ground that the Caste Certifcate is not in proper Form 'C' and as directed, petitioner obtained certifcate in proper Form 'C'.

4.

It is not disputed that in 1986, power to issue Caste Certifcate was bestowed with the Executive Magistrate and under Rules 2003, the same is with the Sub Divisional Offcer. In the year 1986, forms were also not provided for issuance of caste certifcate. Division Bench of this Court under Order dated 05.02.2021 in Writ Petition (St.) No.5836 of 2020 has considered the said aspect and directed the Committee to process the proceedings on the basis of caste certifcate produced by the petitioner. 5.

In the light of the above, impugned order is quashed and set aside. Parties are relegated to the Committee. Committee shall decide the proceedings on the basis of the caste certifcate produced by the Petitioner on its own merits after following proper procedure.

6.

Writ Petition accordingly disposed of. No costs. (VINAY JOSHI, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.04.08 13:18:32 +0530 Gaikwad RD 2/2 RAJU DATTATRAYA GAIKWAD