Avinash Ganesh Gurle vs The State Of Maharashtra And ...
2016 Latest Caselaw 2717 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                         BENCH AT AURANGABAD               




                                                        
                                                  
                               WRIT PETITION NO.5612/2016

                      Avinash s/o Ganesh Gurle,




                                                       
                      age 25 yrs., occu.service,
                      r/o 1-14-197, Tirumala Nivas,
                      Samarth Nagar, Nanded.
                      Dist.Nanded.  
                                        ...Petitioner..




                                               
                             Versus

                              1]
                                    ig  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, Nanded.
                                        Dist.Nanded.

                              4]        The Sub Divisional Officer, Parbhani.





                                        Dist.Parbhani.

                              5]
                      The District Collector, Raigad.
                      Dist.Raigad. 
                                          ...Respondents... 





                                                           
                              .....
    Shri Sunil M. Vibhute, Advocate for petitioner.
    Shri A.B. Kale, AGP for respondent nos.1 to 5. 
                              .....
      
                                CORAM: R.M. BORDE &
                                        K.L. WADANE, JJ. 

DATE: 10.06.2016

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ORAL JUDGMENT (Per Borde, J.) :

1] Heard learned counsel for the parties. Rule. Rule

made returnable forthwith and the petition is taken for

final disposal with the consent of learned counsel for

the parties.

2] The petitioner claims to belong to Mannerwarlu -

scheduled tribe. The certificate issued in favour of the

petitioner by the Sub-Divisional Officer, Nanded,

certifying that he belongs to Mannerwarlu - scheduled

tribe was referred for verification to the scrutiny

committee. However, the Scrutiny Committee adopted a

view that since the petitioner hails from Parbhani

District, he has to secure the certificate from the

competent authority i.e. the Sub-Divisional Officer,

Parbhani, and submit the same for verification. The

certificate issued to the petitioner by the Sub-

Divisional Officer, Nanded, has been canceled and

confiscated with liberty to the petitioner to secure the

certificate from the competent authority.

3] As a result of cancellation and confiscation of the

tribe certificate, the employer has issued notice to the

petitioner directing him to submit the certificate issued

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by the competent authority. As the petitioner

apprehended action of termination of his services, he

approached this Court seeking protection. The petitioner

claims that eh has tendered an application to the Sub-

Divisional Officer, Parbhani, on 26.2.2016 for issuance

of the tribe certificate and the application is stated to

be pending.

4] Since the petitioner was issued a tribe certificate

by the Sub-Divisional Officer, Nanded, prima-facie, the

petitioner is entitled to claim the certificate, which

would be subject to validation by the scrutiny committee.

The Sub-Divisional Officer, Parbhani, shall issue the

tribe certificate to the petitioner as expeditiously as

possible and preferably within a period of four weeks

from today.

5] On receipt of the certificate from the competent

authority, the petitioner shall tender the same with the

employer within a period of two weeks. The employer

shall forward the proposal for verification of the caste

certificate to the scrutiny committee on its receipt from

the petitioner as expeditiously as possible and

preferably within a period of four weeks. The scrutiny

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committee on receipt of the proposal shall determine the

validation claim as expeditiously as possible and

preferably within a period of one year. During pendency

and disposal of the validation claim by the scrutiny

committee, no adverse action shall be taken against the

petitioner on the ground of his failure to submit the

validation certificate.

6] With the directions as above, the writ petition is

disposed of. Rule is made absolute accordingly. There

shall be no order as to costs.

               (K.L. WADANE, J.)                           (R.M. BORDE, J.) 
                             
                






    ndk/c1061610.doc