Bombay High Court
Krishna Devidas Shivdase Minor ... vs The State Of Maharashtra And ... on 14 June, 2016
Bench: R.M. Borde
WP 6125/16
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.6125/2016
1] Krishna s/o Devidas Shivdase,
age 17 yrs. (minor), occu.student,
through his natural guardian
father - Devidas s/o Laxman
Shivdase, aged 47 yrs,
occu.Government service,
r/o Tondar Tq.Udgir Dist.Latur.
2] Pallavi d/o Devidas Shivdase,
ig age 18 yrs., occu.student,
r/o Tondar Tq.Udgir Dist.Latur.
3]
Nikita d/o Devidas Shivdase,
age 14 yrs. (minor), occu.student,
through his natural guardian
father Devidas s/o Laxman
Shivdase, age 47 yrs.,
occu.Government service,
r/o Tondar Tq.Udgir Dist.Latur.
...Petitioners..
Versus
1] The State of Maharashtra,
Department of Tribal Development,
Mantralaya, Mumbai-32.
Through its Secretary.
2]
The Sub Divisional Officer,
Udgir. Tq.Udgir Dist.Nanded.
...Respondents...
.....
Shri Vivek U. Jadhav, Advocate for petitioners.
Shri A.R. Kale, AGP for respondent nos.1 & 2.
.....
CORAM: R.M. BORDE &
K.L. WADANE, JJ.
DATE: 14.06.2016
WP 6125/16
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ORAL JUDGMENT (Per Borde, J.) :
1] Heard learned counsel for the parties. Rule. Rule
made returnable forthwith and with the consent of learned
counsel for the parties, the petition is taken up for
final disposal.
2] The petitioners are praying for issuing directions
to the Sub Divisional Officer to issue them certificates
certifying that they belong to Koli Mahadev - scheduled
tribe. It is the contention of the petitioners that
though the applications are tendered on 9.11.2015, the
Sub Divisional Officer has not taken any decision. The
petitioners need the caste certificates for prosecuting
their further education.
3] In order to substantiate their claim, the
petitioners place reliance on the entry in respect of
their caste recorded in the school records wherein their
caste / tribe is recorded as "Koli Mahadev". Apart from
this, the father of the petitioners is in employment of
the State and his service record also indicates the entry
in respect of his tribe as Koli Mahadev. It is also
further pointed out that the caste certificate issued in
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favour of father of the petitioners is referred to the
scrutiny committee and the scrutiny committee has
directed the Police authorities to conduct vigilance
enquiry by a letter dated 24.9.2015.
4] Considering the documentary evidence placed on
record by the petitioners, we are of the opinion that the
petitioners need to be issued certificates by the Sub
Divisional Officer certifying that they belong to Koli
Mahadev - scheduled tribe. It needs to be recorded that
the issuing authorities are required to decide the claim
for issuance of the caste certificate on the basis of
prima facie material and no indepth enquiry is
contemplated at the stage of issuance of the caste
certificate. The caste certificate issued to an
individual is always subject to scrutiny by the competent
scrutiny committee and on receipt of the validation
certificate only, an individual is entitled to claim
benefits in the matter of education and employment.
5] Considering these aspects, we direct the Sub
Divisional Officer to issue tribe certificates in favour
of the petitioners certifying that they belong to Koli
Mahadev scheduled tribe as expeditiously as possible and
WP 6125/16
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preferably within a period of one week from today. Rule
is accordingly made absolute. There shall be no order as
to costs.
(K.L. WADANE, J.) (R.M. BORDE, J.)
ndk/c146163.doc
