Dhanraj Sidram Koli vs The State Of Maharashtra And ...
2017 Latest Caselaw 515 Bom

                                             1                      WP 12738/2016

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD



                     WRIT PETITION NO. 12738 OF 2016


        Dhanraj   s/o   Sidram   Koli,   Aged   19                    Petitioner
        Years,   Occupation   Student,   Resident 
        of   Plot   No.18,   Pratap   Nagar, 
        Shahanurwadi, Aurangabad

        V E R S U S

1       The   State   of   Maharashtra,   Through  Respondents
        its   Secretary,   Tribal   Development 
        Department, Mantralaya, Mumbai-32

2       Indian   Institute   of   Technology 
        Madras   Chennai-600   036   (Tamil   Nadu 
        State), Through its Registrar

3       The   Scheduled   Tribe   Certificate 
        Scrutiny   Committee,   Aurangabad 
        Divisioin,   Aurangabad,   Through   its 
        Member Secretary

4       The   Sub-Divisional   Officer, 
        Aurangabad Division, Aurangabad

                                        
     Mr. Pratap G. Rodge, Advocate for the petitioner
    Mr. P.S. Patil, A.G.P. for the respondents/State 


                                        CORAM :  S.V.GANGAPURWALA AND
                                                 K.L. WADANE, JJ.

DATE : 7th MARCH, 2017

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ORAL JUDGMENT (PER: S.V. GANGAPURWALA, J.) :

1. Rule. Rule made returnable forthwith. With

the consent of the parties, this petition is taken up

for final hearing.

2. Mr. Rodge, learned counsel for the petitioner

submits that the petitioner belongs to Koli Mahadev

(S.T.) caste. The proposal of the petitioner was

referred to the Aurangabad Committee for validation.

The Scheduled Tribe Certificate Scrutiny Committee,

Aurangabad, cancelled and confiscated the Tribe

Certificate issued to the petitioner on the ground

that the petitioner is permanent resident of Akkalkot,

District Solapur, and therefore, the Tribe Certificate

was required to be issued by the authority of District

Solapur. The Tribe Certificate was issued to the

father of the petitioner by the S.D.O., Aurangabad,

and the said Tribe Certificate is also validated by

the Committee. Even the validity Certificate has been

issued to the real sister of the petitioner as she

belongs to Koli Mahadev (S.T.). It was erroneous on

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the part of the Committee to cancel and confiscate the

Caste Certificate on the said ground.

3. Learned A.G.P. submits that as the petitioner

is permanent resident of Akkalkot, District Solapur,

he is required to obtain the Tribe Certificate from

the said place. The Committee has also given liberty

to obtain the Certificate from the said place.

4. We have considered the submissions of the

learned counsel for respective parties. The fact that

the Tribe Certificate was issued to the father of the

petitioner by the S.D.O., Aurangabad and that said

Tribe Certificate has been validated, is also not

disputed. Even the Tribe Certificate has been issued

to the real sister of the petitioner as 'Mahadeo

Koli', Scheduled Tribe. Rule 5 (2) of the Maharashtra

Scheduled Tribes (Regulation of Issuance and

Verification of) Certificate Rules, 2003, reads as

under:-

"Rule 5 (2) - Migration from one district to another district or from the jurisdiction of

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one Competent Authority to another within the State, -

(a) The competent Authority if satisfied may issued Scheduled Tribe Certificate in Form C to an applicant who has migrated from one district to another district or from the jurisdiction of one Competent Authority to another, within the State, on production of the Scheduled Tribe Certificate issued to his father or grandfather, by the concerned Competent Authority of that district.

(b) The Competent Authority shall issue Scheduled Tribe Certificate in Form C to an applicant of other district from which he had migrated to the present place, on the production of the Scheduled Tribe Certificate issued to his father or grandfather by the then Competent Authority of the district of his father or grandfather's origin at thetime of passing of the first Presidential Order dated the 6th September, 1950 or thereafter, for Scheduled Tribes."

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5. Competent authority is entitled to issue

Scheduled Tribe Certificate to the applicant who has

migrated from one district to another district and or

from the jurisdiction of one competent authority to

another within the State on production of the

Scheduled Tribe Certificate issued to father or

grandfather by the competent authority. In view of

the said Rule, the Tribe Certificate issued in favour

of the petitioner by S.D.O., Aurangabad is legal and

valid. The Committee ought to have decided the said

validation proceedings on it's own merits.

6. Considering the above facts, the impugned

order is quashed and set aside. The Scheduled Tribe

Certificate Scrutiny Committee, Aurangabad shall

decide the validation proceedings in respect of Tribe

Claim of the petitioner afresh on it's own merits, in

accordance with Law expeditiously and preferably

within eight months from today. The petitioner shall

appear before the Scheduled Tribe Certificate Scrutiny

Committee on 29th March, 2017. Till validation

proceeding of the petitioner is decided, the

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Institution shall not take any adverse action against

the petitioner. Of course, the respondent No.2 -

Institution can take further course of action on the

basis of Judgment delivered by the Committee in the

Validation proceedings.

7. Rule made accordingly absolute in above

terms. No costs.

( K.L. WADANE, J.) ( S.V. GANGAPURWALA, J. )

SRM/7/3/17