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wp 15022.17.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.15022 OF 2017
Shailesh Vijayrao Rajeshluwar,
Age: 25 years, occu: Student
R/o Natker Galli, Degloor
Tq. Degloor, Dist. Nanded Petitioner
Versus
1 Scheduled Tribe Certificate
Scrutiny Committee,
Aurangabad
Through its Member Secretary,
2 Sub Divisional Officer,
Degloor, Dist. Nanded Respondents
Mr.S.S. Phatale advocate for the petitioner Mr.S.B. pulkundwar, Assistant Govt. Pleader for Respondents _______________ CORAM: S.V. GANGAPURWALA & V.L. ACHLIYA, JJ (Date: December 21st, 2017) ORAL JUDGMENT (Per: S.V. Gangapurwala, J) 1 Rule. Rule made returnable forthwith. 2 Learned AGP waives service on rule. ::: Uploaded on - 22/12/2017 ::: Downloaded on - 23/12/2017 02:36:46 :::
{2} wp 15022.17.odt 3 The Application filed by the petitioner for issuance of Tribe Certificate as 'Mannervarlu' scheduled tribe is rejected. The Appeal filed against the said order is also dismissed. 4 We have heard learned Advocate Mr. S.S. Phatale for the petitioner and learned AGP Mr. S.B. Pulkundwar for the respondents.
5 On perusal of the impugned order, it is manifest that, the Application of the petitioner is rejected only on the ground that petitioner has not filed three 1950-documents. The school record of the petitioner depicts caste, having been recoded as Mannervarlu. As per the contention of the petitioner, the real uncle of the petitioner has been issued the validity certificate of Mannervarlu, scheduled tribe. There is no contrary evidence on record. It is trite that at this stage of issuance of tribe certificate, the authority has to be prima facie satisfied. In any case, the tribe certificate has to undergo verification by the scrutiny committee.
6 In the light of above, the impugned orders are quashed and set aside. The Sub Divisional Officer, Degloor shall issue tribe certificate to the petitioner as 'Mannervarlu, scheduled tribe' ::: Uploaded on - 22/12/2017 ::: Downloaded on - 23/12/2017 02:36:46 ::: {3} wp 15022.17.odt immediately. The said certificate will have to undergo verification by the scrutiny committee.
7 Learned AGP to communicate this order to the Sub - Divisional Officer, Degloor, Dist. Nanded. 8 Rule is accordingly made absolute.
( V.L. ACHLIYA, J. ) ( S. V. GANGAPURWALA, J. ) vbd ::: Uploaded on - 22/12/2017 ::: Downloaded on - 23/12/2017 02:36:46 :::