Bombay High Court
Smt. Jayshree Gangadhar Bagul vs State Of Maharashtra Through Its ... on 3 February, 2021
Bench: S.C. Gupte, Surendra Pandharinath Tavade
R.V.Patil 23.WP.5334.2019 AS.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5334 OF 2019
Smt. Jayshree Gangadhar Bagul ...Petitioner
vs.
The State of Maharashtra & Ors. ...Respondents
......
Mr. C. K. Bhangoji i/b Mr. R. K. Mendadkar for the Petitioner.
Ms S. S. Bhende, AGP for Respondent Nos. 1 to 3.
CORAM : S.C. GUPTE AND
SURENDRA P. TAVADE, JJ.
DATE : 3 FEBRUARY 2021
P.C. :
. The grievance of the Petitioner in the present petition is that she holds
a Caste Validity Certifcate as belonging to 'Hindu Mahadev Koli', based on
which she applied for validation of her tribal claim and that application has
been pending with Respondent No. 3 since 24 October 2018. In the case of
Prakash s/o Subhash Bhople V/s. Deputy Collector (General), a Division
Bench of our Court at Aurangabad issued directions to the Scrutiny
Committee to the following efectt In the event an earlier caste certifcate for
the tribe of "Mahadev Koli" was issued by an Executive Magistrate, it would
be open to the concerned applicant to tender an application to Sub-divisional
Ofcer of the concerned Division, who shall entertain such application and
issue a caste certifcate in the prescribed proforma describing the caste as
"Koli Mahadev" after verifying an attested/authenticated photostat copy of
the earlier caste certifcate. The Division Bench took note of the fact that the
tribe "Koli Mahadev", recorded at Serial No. 29 in the schedule, was referred
to as 'Mahadev Koli' in the relevant Government Resolution and the
R.V.Patil 23.WP.5334.2019 AS.odt
annexure thereto; and till the date of its order, thousands of certifcates had
been issued describing the tribe 'Koli Mahadev' as 'Mahadev Koli' and such
certifcates had even been validated by the respective Scrutiny Committees.
The Division Bench noted that there was no separate tribe or caste in the
State of Maharashtra by the name of 'Mahadev Koli'. For these reasons,
those applicants, who were holding certifcates as 'Mahadev Koli', were
permitted to make applications to Sub-divisional Ofcer of the concerned
division, who was directed to entertain such applications and issue tribe
certifcates in the prescribed form certifying the respective applicants as
belonging to 'Koli Mahadev' scheduled tribe, and on receipt of such tribe
certifcates, the applicants were permitted to approach concerned Scrutiny
Committees for validating the tribe certifcates.
2. The present Petitioner's application for issuance of a tribe certifcate
as belonging to 'Koli Mahadev' is pending with Sub-divisional Ofcer of the
Nashik Division. The application has been pending for a long time.
3. On these facts, this petition can be conveniently disposed of by
directing Respondent No. 3 to consider and dispose of the Petitioner's
application for tribe certifcate in the name of "Koli Mahadev" within a period
of three weeks from today. After such certifcate is issued to the petitioner on
her application, Respondent No. 2- Scrutiny Committee may proceed to
consider her validation claim in accordance with the Judgment in Prakash s/
o Subhash Bhople V/s. Deputy Collector (General), district- Latur. In keeping
with the protection granted to applicants in all these cases, Respondent No.
4- Institution is directed not to take any adverse action against the Petitioner
on account of her failure to produce a validity certifcate so far.
R.V.Patil 23.WP.5334.2019 AS.odt
4. It is ordered accordingly and the Petition is disposed of in the above
terms.
(SURENDRA P. TAVADE, J) (S.C. GUPTE, J.)
