Bombay High Court
Uday Tulshiram Suryawanshi vs The State Of Maharashtra And ... on 23 August, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
1 wp 9197.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 9197 OF 2021
Uday Tulshiram Suryawanshi .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri Madhur A. Golegaonkar, Advocate for the Petitioner.
Shri S. W. Mundhe, A.G.P. for Respondent Nos. 1 to 3.
CORAM : S. V. GANGAPURWALA AND
R. N. LADDHA, JJ.
DATE : 23RD AUGUST, 2021.
FINAL ORDER :
. The tribe claim of the petitioner was referred for
verification before the Scrutiny Committee. The Tribe certificate
was issued in favour of the petitioner by the Executive
Magistrate, Jamner, Dist. Jalgaon. The committee has
concluded that the petitioner is resident of Rembhote, Tq. Raver.
As such, tribe certificate is not issued by the competent
authority. The Committee has not decided the proceeding on
merits and has directed the petitioner to obtain the tribe
certificate from the competent authority.
2. The petitioner shall make an application to the Committee
for issuance of the attested photostat copy of the tribe certificate
within a period of one (01) week from today. On receipt of
application, the committee shall issue the attested photostat copy
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of the tribe certificate produced by the petitioner with it within a
period of one (01) week thereafter. The petitioner shall within a
period of one (01) week after receipt of the attested copy of tribe
certificate from the Committee shall file an application for
issuance of tribe certificate with the Sub Divisional Officer,
Raver. The Sub Divisional Officer, Raver shall verify the
genuineness of the tribe certificate produced by the petitioner
and issued by the Executive Magistrate Jamner, upon verifying
the genuineness of the same shall issue the tribe certificate in
proper Form - C to the petitioner, expeditiously and preferably
within a period of four (04) weeks from the date of receipt of
application.
3. On receipt of the tribe certificate from the S. D. O. Raver,
the petitioner shall submit the same expeditiously and preferably
within a period of two (02) weeks from the date of receipt of the
tribe certificate before the Scrutiny Committee. The committee
shall thereafter verify the tribe certificate produced by the
petitioner from the S. D. O. on its own merits, in accordance with
law, expeditiously and preferably within a period of six (06)
months from the date of receipt of the same.
4. Till the validation proceeding is pending, the employer may
not take adverse action against the petitioner. The employer
may take further course of action depending upon the judgment
that may be delivered by the Committee.
5. In case, the employer finds that, the petitioner is
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prolonging the proceeding, the employer may take appropriate
steps against the petitioner.
6. The writ petition accordingly is disposed of. No costs.
[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]
bsb/Aug.21
