Bombay High Court
Prasad Jagdish Sonwane Through ... vs The State Of Maharashtra And ... on 22 August, 2017
Bench: R.M. Borde
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wp10329.17.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10329 OF 2017
Prasad Jagdish Sonwane
age 16 years, occ. Student
Through guardian
Vaishali Jagdish Sonwane
age 40 years, occ. Housewife
r/o N-11, C-1, 3/2,
Gajanan Nagar, HUDCO
Aurangabad Petitioner
Versus
1. The State of Maharashtra
Through its Secretary
Tribal Development Department,
Mantralaya, Mumbai
2. The Sub-Divisional Officer,
Yerondal, Dist. Jalgaon
3. The Managing Director,
Indo Garman Tools Aurangabad
P-31, MIDC, Industrial Area
Chikalthana Aurangabad 431 006. Respondents
Mr. A.S. Bayas, advocate for petitioner.
Mr. S.G. Karlekar, A.G.P. for respondents 1 and 2.
CORAM : R.M.BORDE &
S.M. GAVHANE, JJ.
DATE : 22nd AUGUST, 2017
ORAL JUDGMENT : ( PER R.M. BORDE, J. )
1. Rule. Rule made returnable forthwith.
2. Heard finally with the consent of the learned counsel for the
respective parties.
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wp10329.17.odt
3. Petitioner has approached this Court raising exception to the
order passed by the Sub-Divisional Officer, Yerondal, Dist. Jalgaon,
rejecting his application for issuance of tribe certificate.
4. Petitioner claims to be belonging to Tokare Koli Scheduled
Tribe. The father of the petitioner as well as his real uncle have
been issued tribe certificate by the Executive Magistrate, Jalgaon
in the year 1989. There is no contra evidence indicating that
petitioner belongs to any other category. Entries are also recorded
in the revenue record in respect of the landed property of petitioner
to the effect that the lands are subjected to provisions of section 36
and 36A of the Land Revenue Code, 1966.
5. Prima facie, it does appear that the petitioner is entitled to
claim tribe certificate from the competent authority. It is recorded
in several judgments by this Court that the issuing authority is
required to issue tribe certificate on the basis of prima facie
material and no indepth enquiry is contemplated at the stage of
issuance of caste certificate. The caste certificate issued by the
competent authority is subject to scrutiny by the competent
scrutiny committee and an individual is entitled to claim benefits
in the matter of education or employment only on the basis of
caste validation certificate.
6. Petitioner informs that he is likely to get admission to
polytechnic course as against the seat reserved for Scheduled Tribe
category and the last date prescribed for securing admission is 24 th
August, 2017.
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7. In the circumstances, we deem it appropriate to entertain
the petition as exceptional case and issue directions to respondent
- Sub-Divisional Officer, Yerondal, Dist. Jalgaon, to issue tribe
certificate in the prescribed format to petitioner certifying that he
belongs to Tokare Koli Scheduled Tribe. The Sub-Divisional Officer
shall issue tribe certificate to petitioner by tomorrow i.e. 23 rd
August, 2017. Petitioner shall approach the concerned Sub-
Divisional Officer tomorrow and the officer shall issue the
certificate as directed by us. Learned AGP shall communicate the
order to the concerned Sub-Divisional Officer. Rule is accordingly
made absolute. No costs.
( S.M. GAVHANE ) ( R.M.BORDE )
JUDGE JUDGE
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