Bombay High Court
Sachin Bibhishan Akoskar vs The State Of Maharashtra And ... on 27 November, 2017
Bench: S.V. Gangapurwala
1 W.P.No.13780/17
UNREPORTED
IN THE HIGH COURT OF JUDICATURE
AT BOMBAY
BENCH AT AURANGABAD.
WRIT PETITION NO.13780 OF 2017
Sachin Bibhishan Akoskar,
Age 30 years, Occ.Nil,
R/o Kolewadi, Tq. and
District Osmanabad. ... Petitioner.
Versus
1. The State of Maharashtra,
through its Secretary,
Tribal Development Department,
Mantralaya,Mumbai-32.
2. The Sub-Divisional Officer,
Osmanabad, Tq. and Dist.
Osmanabad.
3. The Deputy Director,
Health Services, Latur
Division, Latur, Tq. and
Dist.Latur.
4. The District Health Officer,
District Hospital,
Osmanabad, Tq.and Dist.
Osmanabad.
5. The Scheduled Tribe
Certificate Scrutiny
Committee, Aurangabad
Division, Aurangabad
through its Member-
Secretary. ... Respondents.
...
Mr.P.V.Jadhavar, advocate for the petitioner.
Mr.S.G.Karlekar, A.G.P. for the State.
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2 W.P.No.13780/17
...
CORAM : S.V.GANGAPURWALA AND
S.M.GAVHANE,JJ.
Date : 27.11.2017.
ORAL JUDGMENT (Per S.V.Gangapurwala,J.)
1. Rule.
2. Learned A.G.P. accepts notice of Rule
for all Respondents.
3. With the consent of parties, the
petition is taken up for final hearing.
4. The application filed by the petitioner
for issuance of tribe certificate of Koli-
Mahadev-Scheduled Tribe is rejected. The appeal
filed against the same is dismissed.
5. Mr.Jadhavar, learned counsel for the
petitioner submits that the authorities failed to
consider the consistent entries of Koli-Mahadev
in the School record of the petitioner and the
petitioner's paternal cousin. One of the
paternal cousin of the petitioner namely Shrinath
Shrikrishna Akoskar, is issued with the validity
certificate of Koli-Mahadev - Scheduled Tribe.
The father is also issued with the tribe
certificate of Koli-Mahadev.
6. Learned A.G.P. submits that the
evidence produced by the petitioner is of recent
period. No conclusive evidence is produced by
the petitioner. The Committee has rightly
dismissed the appeal.
7. We have gone through the documents. It
appears in Khasra Pahani of the year 1954-55 the
name of the great grand father, is recorded as
Aba Narsu Koli. It does not appear that the word
Koli is recorded as a caste. The entries appears
to be as against the name of great grand father
of the petitioner. The record of the petitioner
and his cousin brothers shows the caste as Koli-
Mahadev. The contra evidence does not appear to
be on record. Even the father of the petitioner
is issued with the tribe certificate of Koli-
Mahadev - Scheduled Tribe and one of the cousin
brother is issued with the validity certificate
of Koli-Mahadev - Scheduled Tribe.
8. At this stage, the authority will be
required to be prima facie satisfied. Even
otherwise, the said certificate will have to
undergo acid test at the time of verification of
the tribe claim before the Committee.
9. Considering above, the impugned
judgment and orders are quashed and set aside.
The Respondent No.2 shall issue tribe certificate
to the petitioner of Koli-Mahadev - Scheduled
Tribe expeditiously, preferably within one (1)
month.
10. Till the tribe certificate is issued to
the petitioner, the Respondents shall not fill in
the post on which the petitioner is selected.
11. Rule accordingly made absolute in above
terms. No costs.
Sd/- Sd/-
(S.M.GAVHANE,J.) (S.V.GANGAPURWALA,J.)
asp/office/wp13780.17
