Balu Khandoji Sambetwad vs The State Of Maharashtra And ...
2016 Latest Caselaw 6186 Bom

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                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                            
                            BENCH AT AURANGABAD

                          WRIT PETITION NO.10450 OF 2016




                                                    
     Balu S/o Khandoji Sambetwad
     Age: 29 years, occu: service,
     R/o Malkoutha, Tq. Mukhed,
     Dist. Nanded                                                        Petitioner




                                                   
              Versus


     1        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 Bhokar
              Dist. Nanded                                         Respondents

Mr S.M. Vibhute advocate for the petitioners

Mr. V.M. Kagne, Assistant Government Pleader for Respondents _______________

CORAM : R.M. BORDE & K.K. SONAWANE, JJ

(Date : 19th October, 2016.)

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

1 Heard.

2 Rule. With the consent of parties, petition is taken up for

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final decision, at admission stage.

3 Petitioner claims to be belonging to 'Koli Mahadev',

scheduled tribe and is in receipt of tribe certificate issued by the

competent authority, containing certification accordingly. Tribe

certificate issued in favour of the petitioner was referred to the

Scrutiny Committee for verification. However, Scrutiny Committee

turned down the proposal on the ground that, description of caste

in the tribe certificate is incorrectly recorded as 'Mahadev Koli' and

not as 'Koli Mahadev' and, petitioner has been given liberty to

secure proper certificate and submit the same for verification once

again .

4 The issue raised in the instant petition is no more res-

integra in view of decision rendered by this Court in Writ Petition

No.4536/2014 and other companion petitions. In view of decision

in aforesaid writ petition, decision of the Scrutiny Committee is

upheld. In facts and circumstances of the case, however, we

proceed to pass following order:

a) Petitioner may approach the concerned

Scrutiny Committee for issuance of photostat/true

copy of the tribe certificate produced by him for

verification, within a period of two months from

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today. The Scrutiny Committee, on receipt of such

application, issue true copy/certified copy of the tribe

certificate produced by the petitioner for verification

to the committee, within a period of four weeks from

the date of receipt of such application.

b) On receipt of photostat / certified copy of the

tribe certificate, petitioner shall approach the Sub-

Divisional

Officer/Competent Authority, with an

application for issuance of tribe certificate within a

period of six weeks, thereafter.

c) On receipt of tribe certificate, petitioner shall

tender the certificate with the proposal in the

prescribed proforma to the Scrutiny Committee

within a period of eight weeks and, the Scrutiny

Committee shall proceed to determine the claim for

verification of the tribe certificates in accordance with

the provisions of law and render decision as

expeditiously as possible, preferably within a period

of eight months from the date of receipt of the

proposal.

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d) In the meanwhile, no adverse action shall be

taken against practitioner merely on the ground of

failure to submit validation certificate, and it would

be open for the employer to take appropriate steps

in the event of failure of petitioner to substantiate his

claim and to secure validation certificate.

5 Writ petition stands disposed of accordingly. Rule is made

absolute in above terms. There shall be no order as to costs.

(K.K. SONAWANE, J) (R.M.BORDE, J)

vbd