Prashant Gulabrao Kale v. State Of Maharashtra, Thr. Secretary, General Administrative Department, Mumbai And ANR.

2025:BHC-NAG:14411-DB 1 904 wp7509.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 7509 OF 2025 PRASHANT GULABRAO KALE

VERSUS

STATE OF MAH., THRU. ITS SECY., GEN. ADMN, DEPTT., MUMBAI AND ANOTHER ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Ms. Rajshree Kabra, Advocate for the petitioner Ms. H. N. Jaipurkar, A.G.P. for respondent nos.1 and 2. CORAM : SMT. M. S. JAWALKAR and M. W. CHANDWANI, JJ.

DATE : DECEMBER 09, 2025.

1.

Heard the learned counsel appearing for the petitioner.

2.

The learned Asstt. Government Pleader appears and waives service on behalf of respondent nos.1 and 2. 3.

Considering the innocuous prayer made by the petitioner for issuing directions to respondent no.2 - Sub Divisional Officer, Daryapur (for short "SDO") to issue Caste Certificate of "Koli-Mahadev" (Scheduled Tribe) in the new format i.e. Form-C1, we deem it appropriate to dispose of this petition at the stage of issuance of notice with the consent of both the parties.

4.

The petitioner is holding the Caste Certificate of "Koli-Mahadev" (Scheduled Tribe) issued by the Competent Authority in the old format. Recently, the format of the Caste Certificate has been changed. Therefore, the petitioner applied before the respondent

2 904 wp7509.25.odt no.2 - S.D.O. for issuance of the Caste Certificate of "Koli Mahadev" (Scheduled Tribe) in the new format. He submitted the old Caste Certificate along with the application. However, respondent no.2 - S.D.O., instead of issuing the Caste Certificate in the new format, insisted upon submitting the documents to support his Caste claim of "Koli Mahadev" (Scheduled Tribe).

5.

The learned counsel appearing for the petitioner has placed on record the communication received from the Tribal Research and Training Institute, Pune dated 12.03.2020 whereby the Department has issued directions to all the Sub Divisional Officers to issue Caste Certificates in the new format i.e. Form-C1 as contemplated under Rule 3 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 (hereinafter referred to as "the Rules of 2003") after collecting the old Caste Certificates. This fact has not been disputed by the learned A.G.P. That apart, the cousin brother of the petitioner has already been issued the Caste Certificate by the respondent no.2 - S.D.O. 6.

In view of the above, we direct respondent no.2 - Sub Divisional officer, Daryapur, Dist. Amrvati to issue Caste Certificate to the petitioner in the new format i.e. Form-C1 as contemplated under the Rules of 2003 after collecting and verifying his old Caste Certificate of "Koli Mahadev" (Scheduled Tribe) issued in old format, within two weeks from the date of receipt of this order.

3 904 wp7509.25.odt 7.

Needless to mention that validation of the Caste claim will be subject to the scrutiny of the concerned Scheduled Tribe Caste Certificate Scrutiny Committee. 8.

The writ petition stands disposed of in the abovesaid terms.

9.

Learned AGP to communicate this order to the respondent no.2- S.D.O.

(M.W.CHANDWANI, J.) (SMT. M.S.JAWALKAR, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 17/12/2025 20:52:24