Sucheta Kashinath Ahire And ANR v. State Of Maharashtra Throu Its Sec. Tribal Development Dept And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17347 OF 2024 1.
Sucheta Kashinath Ahire 2.
Shri Kashinath Piraji Ahire.
... Petitioners
Versus
State of Maharashtra & Anr.
... Respondents.
**** Mr. C.K. Bhangoji, for the Petitioners.
Ms. P.M.J. Deshpande, AGP for Respondent/State. **** CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.
DATE :
2nd DECEMBER, 2024 P.C. :
1.
This is one more case wherein the Competent Committee, has again faltered. It has closed the proceedings after a long litigation journey, only on the ground that the Petitioner did not submit a Thakur Schedule Tribe Certificate in form "C".
2.
Time and again, this Court and it's Benches at Aurangabad and Nagpur, have directed the Committee that they should not close the proceedings on the ground that there is a spelling mistake in the
certificate or that the certificate issued by the SDO is not in form "C". The Principal Secretary, Tribal Development has also been called upon to convey to all the committees that they should not close such proceedings. Yet, in this case, after the proceedings with regard to Petitioner No. 1 commenced on 16/2/2004, the same have been closed on 18th August, 2022, after 18 years, on the ground that the certificate was not in the form "C". The same has occurred in the case of the Petitioner No.2. Now both have submitted their form "C" certificates. 3.
In view of the above, this Writ Petition is disposed off with directions to Respondent No. 2, as under : (a) The entire proceedings/files of both these Petitioners stand restored.
(b) The form "C" certificates shall be placed in the said files. (c) Both the proceedings would commence from the stage at which they were closed and the orders of closing the proceedings stand set aside.
(d) Since the vigilance cell inquiry is already concluded more than 17 years ago, the Committee shall rely on the said vigilance cell inquiry reports/papers.
(e) The Petitioners shall appear before the Committee,
Respondent No. 2 herein, on 16th December, 2024 at 12 noon and submit their written submissions since reports have already been served upon them.
(f) The Committee shall decide the said proceedings on or before 31st January, 2025.
4.
We direct the learned Registrar(Judicial) of this Court to place this order before the Principal Secretary, Tribal Development Department, Mantralaya, Mumbai and we reiterate our earlier directions that each of the Caste/Tribe Scrutiny Committees in Maharashtra shall be informed that they shall not close the proceedings on the ground of a spelling mistake in the Caste/Tribe certificate or for want of a certificate in form "C". Such proceedings would be momentarily paused. The original certificate having the spelling mistakes or otherwise not in form "C", would be returned to the candidate, who shall return the said original certificate to the SDO by making an online application and for receiving the form "C" or corrected certificate. After such candidate deposits such corrected certificate or the certificate in form "C", the proceedings shall commence further from the stage at which they were paused.
5.
It needs mention that, henceforth, if we find such orders being passed by the Committee, we would contemplate imposing heavy cost on the members of the committee.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) ARUNA SANDEEP TALWALKAR ARUNA SANDEEP TALWALKAR Date: 2024.12.04 19:40:40 +0530