Shailesh Vijayrao Rajeshluwar vs Scheduled Tribe Certificate ...
2017 Latest Caselaw 10004 Bom

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                                                                wp 15022.17.odt

              IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                         BENCH AT AURANGABAD

                       WRIT PETITION NO.15022 OF 2017



 Shailesh Vijayrao Rajeshluwar,
 Age: 25 years, occu: Student
 R/o Natker Galli, Degloor
 Tq. Degloor, Dist. Nanded                                       Petitioner


          Versus


 1        Scheduled Tribe Certificate
          Scrutiny Committee,
          Aurangabad
          Through its Member Secretary,


 2        Sub Divisional Officer,
          Degloor, Dist. Nanded                                  Respondents

Mr.S.S. Phatale advocate for the petitioner Mr.S.B. pulkundwar, Assistant Govt. Pleader for Respondents _______________

CORAM: S.V. GANGAPURWALA & V.L. ACHLIYA, JJ

(Date: December 21st, 2017)

ORAL JUDGMENT (Per: S.V. Gangapurwala, J)

1 Rule. Rule made returnable forthwith.

2 Learned AGP waives service on rule.

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3 The Application filed by the petitioner for issuance of Tribe

Certificate as 'Mannervarlu' scheduled tribe is rejected. The

Appeal filed against the said order is also dismissed.

4 We have heard learned Advocate Mr. S.S. Phatale for the

petitioner and learned AGP Mr. S.B. Pulkundwar for the

respondents.

5 On perusal of the impugned order, it is manifest that, the

Application of the petitioner is rejected only on the ground that

petitioner has not filed three 1950-documents. The school record

of the petitioner depicts caste, having been recoded as

Mannervarlu. As per the contention of the petitioner, the real

uncle of the petitioner has been issued the validity certificate of

Mannervarlu, scheduled tribe. There is no contrary evidence on

record. It is trite that at this stage of issuance of tribe certificate,

the authority has to be prima facie satisfied. In any case, the

tribe certificate has to undergo verification by the scrutiny

committee.

6 In the light of above, the impugned orders are quashed and

set aside. The Sub Divisional Officer, Degloor shall issue tribe

certificate to the petitioner as 'Mannervarlu, scheduled tribe'

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immediately. The said certificate will have to undergo verification

by the scrutiny committee.

7 Learned AGP to communicate this order to the Sub -

Divisional Officer, Degloor, Dist. Nanded.

8 Rule is accordingly made absolute.

( V.L. ACHLIYA, J. ) ( S. V. GANGAPURWALA, J. )

vbd