Bombay High Court
Rajeshwar Rajendrakumar ... vs The State Of Maharashtra And ... on 12 April, 2017
Bench: R.M. Borde
WP 4978.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4978 2017
1. Rajeshwar S/o Rajendrakumar
Adbalwar,
Age: 12 years,Occu:Student,
2. Pandurang S/o Rajendrakumar
Adbalwar,
Age:11 years,Occu:Student,
Both minors, through their
Father-
Rajendrakumar S/o Rajba Adbalwar,
Age:36 years, Occu.:Agril,
R/o:Udgir,(PD),Tq.:Mukhed,
Dist.:Nanded. ... Petitioners.
VERSUS
1. The State of Maharashtra
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. The Sub-Divisional Officer,
Degloor,Dist.:Nanded.
3. The Tahsildar,
Mukhed,Dist.:Nanded.
4. The Head Master,
Shri Chhatrapati Shahu Maharaj
Army School,Awalkonda Raod,
Udgir,Tq.: Udgir,Dist.Latur. ... Respondents.
Mr. Pratap G. Rodge, Advocate for Petitioners
Mrs. M. A. Deshpande, Addl.GP for Respondents State
CORAM : R. M. BORDE &
K. L. WADANE, JJ.
DATE : 12th April, 2017
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WP 4978.odt
JUDGMENT (Per R. M. Borde, J.):
1. Rule. Rule made returnable forthwith. With the
consent of the parties, taken up for final disposal.
2. At the request of learned counsel for the
petitioner, name of respondent No.4 stands deleted.
3. The petitioners have approached this Court being
aggrieved by order passed by the Sub Divisional
Officer, Degloor dated 17.03.2017 refusing to issue
caste certificate as belonging to Mannervarlu Scheduled
Tribe. The application tendered by the petitioners on
21.09.2016 to the Tahsildar was not being forwarded to
the Sub Divisional Officer for issuance of Tribe
Certificate. The petitioners were required to approach
this Court by presenting writ petition No.2027/2017.
Writ petition was disposed of on 14.02.2017 and
Tahsildar was directed to forward application to the
Sub Divisional officer and the Sub Divisional Officer
was further directed to take decision within four
weeks. The Sub Divisional Officer, instead of perusing
the documents placed on record by the petitioners for
substantiating their claim, including validity
certificates of their blood relations, has turned down
the application for issuance of tribe certificates.
WP 4978.odt
4. It has been observed by this Court in number of
judgments that the authority vested with power to
issue caste/tribe certificate has to take decision on
prima facie satisfaction as regards the claim of the
applicant. Certificate issuing authority is not
expected to go into details, which aspects can be
considered wile determining validation claim of the
applicant.
5. The caste certificate issued by the competent
authority is subject to verification by the scrutiny
committee and the applicant requesting for issuance
of caste certificate is not entitled to claim benefits
in the matter of education or employment unless he
produces validation certificate. In the instant
matter, there is sufficient prima facie evidence
placed on record by the petitioners entitling them to
claim Tribe certificates. The Sub Divisional Officer
has committed material illegality in turning down the
application tendered by the petitioners for issuance of
caste certificate.
6. In this view of the matter, the order passed by
the Sub Divisional Officer on 17.03.2017 is quashed
and set aside.
WP 4978.odt
7. The Sub Divisional Officer, Degloor is directed
to issue tribe certificates to the petitioners as
expeditiously as possible preferably within a period of
two weeks from today.
8. With the directions as above, writ petition is
disposed of. Rule is accordingly made absolute. In
the facts and circumstances of the case, there shall be
no order as to costs.
(K. L. WADANE, J.) (R. M. BORDE, J. )
JPC
