Balaji Shankarrao Narlawar vs The State Of Maharashtra And ...
2016 Latest Caselaw 7487 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                           
                      BENCH AT AURANGABAD




                                                   
                     WRIT PETITION NO.12402 OF 2016

    Balaji s/o. Shankarrao Narlawar,
    Age : 43 years, Occ. Service,
    r/o. Markhel, Tq. Degloor,




                                                  
    Dist. Nanded                                       ..Petitioner

                  Vs.




                                          
    1. The State of Maharashtra,
       Through Secretary to Tribal
       Development Department,
       Mantralaya, Mumbai
                              
    2. The Schedule Tribe Certificate
                             
       Verification Committee,  
       Aurangabad, 
       through its Deputy Director (R),
       Aurangabad
      


    3. The Sub Divisional Officer,
   



       Degloor, Dist. Nanded                           ..Respondents
                          

                             --





    Mr.S.M.Vibhute, Advocate for petitioner

    Mr.Y.G.Gujrati, AGP for respondents 
                             --





                                    CORAM :  R.M. BORDE AND
                                             SANGITRAO S. PATIL, JJ. 

DATE : DECEMBER 20, 2016 ORAL JUDGMENT :

Heard.

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2. Rule. With the consent of parties,

petition is taken up for final decision, at

admission stage.

3. The petitioner claims to be belonging to

'Koli Mahadev', scheduled tribe and is in receipt

of tribe certificate issued by the competent

authority, containing certification accordingly.

The Tribe Certificate issued in favour of the

petitioner was referred to the Scrutiny Committee

for verification. However, Scrutiny Committee

turned down the proposal on the ground that,

description of caste (in the tribe certificate) is

incorrectly recorded as 'Mahadev Koli' and not as

'Koli Mahadev' and, the petitioner has been given

liberty to secure proper certificate and submit the

same for verification once again .

4. The issue raised in the instant petition

is no more res-integra in view of decision rendered

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by this Court in Writ Petition No.4536/2014 and

other companion petitions. In view of decision in

the aforesaid writ petition, decision of the

Scrutiny Committee is upheld. In facts and

circumstances of the case, however, we proceed to

pass following order:

a) The petitioner may approach the

concerned Scrutiny Committee for issuance

of photostat/true copy of the tribe

certificate produced by him for

verification, within a period of two

months from today. The Scrutiny Committee,

on receipt of such application, shall

issue true copy/certified copy of the

tribe certificate produced by the

petitioner for verification to the

committee, within a period of four weeks

from the date of receipt of such

application.

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                 b)       On   receipt   of   photostat   /   certified 




                                                                          

copy of the tribe certificate, the

petitioner shall approach the Sub-

Divisional Officer/Competent Authority,

with an application for issuance of tribe

certificate within a period of six weeks,

thereafter.

c)

On receipt of tribe certificate,

petitioner shall tender the certificate

with the proposal in the prescribed

proforma to the Scrutiny Committee within

a period of eight weeks and, the Scrutiny

Committee shall proceed to determine the

claim for verification of the tribe

certificates in accordance with the

provisions of law and render decision as

expeditiously as possible, preferably

within a period of eight months from the

date of receipt of the proposal.

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                   d)       In   the   meanwhile,   no   adverse   action 

shall be taken against practitioner merely

on the ground of failure to submit

validation certificate, and it would be

open for the employer to take appropriate

steps in the event of failure of

petitioner to substantiate his claim and

to secure validation certificate.

5. Writ petition stands disposed of

accordingly. Rule is made absolute in above terms.

There shall be no order as to costs.

[SANGITRAO S. PATIL, J.] [R.M. BORDE, J.]

kbp