Vana Ananda Sonawane vs The State Of Maharashtra And ...
2016 Latest Caselaw 6646 Bom

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                                                                    wp 11097.16.odt

                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                           
                            BENCH AT AURANGABAD

                          WRIT PETITION NO.11097 OF 2016




                                                   
     Vana S/o Ananda Sonawane
     Age: 60 years, occu: retired,
     R/o Navagaon, Koliwada,




                                                  
     Ghat Road, Chalisgaon
     Dist. Jalgaon                                                   Petitioner

              Versus




                                       
     1        State of Maharashtra,
              through Principal Secretary,
                             
              Social Justice, Special Assistance Department
              Mantralaya, Mumbai 400 032

     2        Scheduled Tribes Certificate Verification Committee,
                            
              Nandurbar Division, Nandurbar,
              Dist. Nandurbar
              through its Secretary/President

     3        The Sub Divisional Officer,
      


              Chalisgaon Division, Chalisgaon,
              Dist.Jalgaon                                           Respondents.

Mr.P.R. Patil advocate for the petitioner Mr.A.V. Deshmukh, Assistant Government Pleader for Respondents _______________

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

(Date : 23rd November, 2016.)

ORAL JUDGMENT (Per: R.M. Borde, J)

1 Rule. Rule made returnable forthwith. Heard finally with

the consent of learned counsel for respective parties.

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2. The tribe validation claim of the petitioner 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 Malhar whereas the caste

certificate issued to the petitioner records the entry as Malhar

Koli.

3.

The Division Bench of this Court vide order dated 14.8.2014

in Writ Petition No. 4536/2014 and 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 of the tribe certificate produced by him 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.

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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 Malhar' (Scheduled Tribe). The Sub Divisional Officer / competent authority shall

issue certificate within a period of four

weeks from 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 his 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

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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 routed through proper channel,

either employer or educational institution.

G) The writ petition is disposed of. Rule

is made absolute accordingly. There shall be no order as to costs.

(SANGITRAO S. PATIL, J) (R.M.BORDE, J)

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