Bombay High Court
Jayshree Sambhaji Nirde vs The State Of Maharashtra And ... on 24 June, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.5551/2016
Jayshree d/o Sambhaji Nirde,
age 22 yrs., occu.service,
r/o Kacharwadi Tq.Dharur Dist.Beed.
...Petitioner..
Versus
1] The State of Maharashtra,
ig 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,
Ambajogai Dist.Beed.
4] The Deputy Conservator of Forest,
Thane Forest Division, Marothon Circle,
Lal Bahaddur Shashtri Marg, Noupada,
Thane Dist.Thane.
5]
The Sub Divisional Forest Officer,
Mandvi Tq.Wasai Dist.Palghar.
...Respondents...
.....
Shri Sunil M. Vibhute, Advocate for petitioner.
Shri P.S. Patil, AGP for respondent nos.1 to 5.
.....
CORAM: R.M. BORDE &
K.L. WADANE, JJ.
DATE: 24.06.2016
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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 tribe validation claim of the petitioenr has
been turned down by the scrutiny committee on the ground
that name of tribe mentioned on the certificate is not in
accordance with the entry recorded in the Presidential
Order. The entry of the tribe recorded in the
Presidential Order is Koli Mahadev whereas the caste
certificate issued to the petitioner records the entry as
Mahadev Koli.
3] The Division Bench of this Court vide order dated
14.8.2014 in Writ Petition No.4536/2014 & other connected
writ petitions has considered this aspect and has
disposed of the petitions by giving certain directions.
In view of the order passed by the Division Bench in the
aforesaid writ petitions, this writ petition stands
disposed of with following directions:-
A] The petitioner may approach the concerned
Scrutiny Committee for issuance of photostat copy
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of the tribe certificate produced by her for
verification, within a period of four months from
today. The Scrutiny Committee, on receipt of such
application, issue attested/authenticated copy of
the tribe certificate produced by petitioner for
verification to the Committee.
B] The petitioner, on receipt of photostat copy
of the tribe certificate, shall approach the
concerned Sub Divisional Officer/competent
authority with an application for issuance of
tribe certificate within a period of six weeks,
thereafter.
C] The concerned Sub Divisional
Officer/Competent Authority, on receipt of the
application by petitioner, together with
attested/authenticated photostat copy of the
tribe certificate issued earlier, shall proceed
to issue tribe certificate in prescribed proforma
certifying that petitioner belongs to 'Koli
Mahadev' (Scheduled Tribe). The Sub Divisional
Officers/Competent Authority shall issue
certificate within a period of four weeks from
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the date of receipt of the application.
D] On receipt of Tribe certificate, petitioner,
shall approach the concerned Scrutiny Committee
with a proposal in prescribed proforma requesting
the Scrutiny Committee to verify the Tribe
Certificate and consider her application for
issuance of validity certificate. The petitioner
shall approach the Scrutiny Committee within a
period of eight (8) weeks from the date of
receipt of the tribe certificate from the
competent authority.
E] On receipt of the proposal from petitioner,
the Scrutiny Committee shall proceed to verify
the tribe certificate and take appropriate
decision after following procedure prescribed
under law in respect of issuance of validity
certificate, as expeditiously as possible,
preferably within a period of one year from the
date of receipt of the proposal/application.
F] The Scrutiny Committee shall accept the
proposal directly and shall not refuse to accept
the proposal on the ground that same has not been
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routed through proper channel, either employer or
educational institution.
G] The employer shall not take any adverse
action against the petitioner only on the ground
of her failure to produce validity certificate
and further appropriate action can be taken only
subject to result of verification claim, which
would be lodged before the Scrutiny Committee, in
accordance with the directions issued in this
order.
H) 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/c2461610.doc
