Lala Gopichand More vs The State Of Maharashtra And Anr
2016 Latest Caselaw 3535 Bom

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                  IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                                     
                             BENCH AT AURANGABAD
                          WRIT PETITION NO.9413 OF 2010 




                                                            
     Lala s/o Gopichand More,
     age: 38 years, Occ: service,
     R/o Saygvan, Tq. Kannad,
     District Aurangabad.                                             Petitioner




                                                           
                      Versus

     01 The State of Maharashtra,
          through the Secretary,
          Tribal Development Department,




                                              
          Mantralaya, Mumbai 32.

     02 Scheduled Tribe Certificate
                             
          Scrutiny Committee, through 
          its Vice Chairman, 
          Kasmira Sadan, Railway Station
                            
          Road, Aurangabad.

     03 Mahatma Gandhi College,
          Ahmadpur, Tq. Ahmedpur,
          District Latur, through
      

          the Principal.                                              Respondents
   



     Mr.S.M.Kulkarni,  advocate for the petitioner.
     Mr.M.B.Bharaswadkar, A.G.P. for Respondents No.1 & 2.
     Mr.A.V.Patil,   advocate   holding   for   Mr.V.D.Gunale,   advocate   for 
     Respondent No.3. 





      

                                                    CORAM : R.M.BORDE &
                                                                 K.L.WADANE, JJ.

                                                   DATE    : 01st  July, 2016





     ORAL JUDGMENT (Per R.M.Borde, J.):
      
     1        Heard learned Counsel for respective parties.


     2                Rule.  Rule made returnable forthwith and heard finally by 

consent of learned Counsel for respective parties.

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3 The petitioner is objecting to the order passed by the

Scrutiny Committee invalidating his caste certificate, issued to him by the competent authority, certifying that he belongs to 'Koli Mahadev',

Scheduled Tribe.

4 The order passed by the Scrutiny Committee needs to be set

aside only on the ground of defect in composition of the Scrutiny Committee. It is informed that one of the members of the Committee Shri B.V.Shirurkar, Member Secretary, was functioning as Law Officer and is not entitled to be part of the Scrutiny Committee. The objection in

respect of entitlement of the very same officer, who continued to act as a

Member of the Scrutiny Committee, was considered by Division Bench of this Court while dealing with Writ Petition No.8202 of 2010, decided on 15th September, 2010. The Division Bench of this Court held that the

Law Officer is not entitled to be part of the Scrutiny Committee since composition of the Scrutiny Committee is not in conformity with the provisions of the Maharashtra Scheduled Tribes (Regulation of Issuance

and Verification Of) Certificate Rules, 2003.

5 In this view of the matter, decision rendered by the Scrutiny Committee, impugned in this petition, deserves to be quashed and set aside and same is accordingly quashed and set aside.

6 The caste/tribe certificate issued to the petitioner records his caste/tribe as 'Mahadev Koli', which is not in conformity with the entry appearing in Presidential Order, 1950. It would be open for the

petitioner to apply for certified copy/true copy of the caste/tribe certificate confiscated by the Scrutiny Committee, within a period of three weeks from today. On receipt of the application, the Scrutiny Committee shall issue certified copy or true copy of the caste/tribe certificate, presented by the petitioner for verification, within a period of two weeks from the date of receipt of the application. On receipt of the

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certified copy or true copy of the caste/tribe certificate, it would be open

for the petitioner to tender proper application to the Sub Divisional Officer/Caste certificate issuing authority within a period of four weeks

and on receipt of the application, the concerned Sub Divisional Officer/concerned authority shall issue the caste/tribe certificate in favour of the petitioner certifying to be belonging to 'Koli Mahadev', a

Scheduled Tribe, without embarking upon further enquiry in the matter , within a period of three weeks from the date of receipt of the application from petitioner. On receipt of the caste/tribe certificate from the Sub Divisional Officer/concerned authority, petitioner shall tender proposal

in the prescribed proforma to the Scrutiny Committee, within a period of

four weeks and on receipt of proposal, the Scrutiny Committee shall conduct exercise of verification of caste/tribe certificate and take appropriate decision in accordance with provisions of law and after

extending an opportunity of hearing to all the parties concerned, within a period of ten weeks from the date of receipt of proposal. The petitioner undertakes to cooperate the Scrutiny Committee in taking final decision

in the matter.

7 Rule is accordingly made absolute in above terms. There shall be no order as to costs.

              K.L.WADANE                                         R.M.BORDE
                   JUDGE                                            JUDGE
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