Swati Waman More vs The State Of Maharashtra And ...
2016 Latest Caselaw 5639 Bom

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                                                                      wp 9484.16.odt

                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                            
                            BENCH AT AURANGABAD

                          WRIT PETITION NO.948 4 OF 2016




                                                    
     Smt. Swati Waman More,
     aged: major, occu: household
     R/o Kalgaon, tq. Purna,
     District: Parbhani                                                 Petitioner




                                                   
              Versus
     1        The State of Maharashtra,
              through: Secretary,




                                        
              Social Welfare Department,
              Mantralaya, Mumbai 32

     2
                             
              Scheduled Tribe Certificate
              Verification Committee,
              Aurangabad Division, Aurangabad
                            
     3        The Collector, Parbhani,
              District: Parbhanoi                                  Respondents

Mr. V.D. Salunke advocate for the petitioner

Mr. S.B. Pulkundwar, Assistant Govt. Pleader for Respondents _______________

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

(Date : 28th September, 2016.) ORAL JUDGMENT (Per: R.M. Borde, J)

1 Heard.

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

for final decision at admission stage.

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3 The issue involved in the present writ Petition is no longer

res-integra and is decided by this Court vide order dated

14.8.2014 in Writ Petition No.4536/2014 and other connected Writ

Petitions.

4 In view of the above, we also follow the same course.

5 The view taken by the Scrutiny Committee deserves to be

upheld. However, in the facts and circumstances, we proceed to

issue certain directions in addition to the directions issued by the

Scrutiny Committee as follows:-

a) The petitioner, in this petition, may approach the

concerned Scrutiny committee for issuance of photostat copy

of the caste/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 caste/tribe certificate

produced by the petitioner for verification to the Committee.

b) The petitioner, on receipt of photostat copy of the

caste/tribe certificate shall approach the concerned Sub-

Divisional Officer / competent authority with an application

for issuance of the caste/tribe certificate within a period of six

weeks, thereafter.

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c) It would be open for the petitioner to tender an

application to the Sub-Divisional Officer of the concerned

Division and such Officer shall entertain the application and

shall issue caste certificate in the prescribed proforma on

verifying attested/authenticated photostat copy of the earlier

caste certificate.

d) The concerned Sub-Divisional Officer/Competent

Authority, on receipt of the application by the petitioner,

together with attested/authenticated photostat copy of the

caste/tribe certificate issued earlier, shall proceed to issue

caste/tribe certificate in prescribed proforma certifying that

petitioner belongs to Koli Mahadev, scheduled tribe. The sub

Divisional Officer/competent authority shall issue certificate

within a period of two weeks from the date of receipt of the

application.

e) On receipt of Tribe certificate, the 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 weeks from

the date of receipt of the caste\tribe certificate from the

competent authority.

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f) On receipt of the proposal from the petitioner, the

scrutiny Committee shall proceed to verify the caste/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.

g) The Scrutiny Committee shall accept the proposal

directly and shall not refuse to accept the proposal on the

ground that the same has not been routed through proper

channel.

h) The Collector 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 Judgment.

5 With the directions as above, the writ petition is disposed of.

No costs.

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


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