Bombay High Court
Gangadhar Hanmantrao Yamawad vs The State Of Maharashtra And ... on 9 February, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
1 wp 2501.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
919 WRIT PETITION NO.2501 OF 2021
GANGADHAR HANMANTRAO YAMAWAD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner: Mr. Thorat Chandrakant R.
AGP for Respondents/State: Mr. S. G. Karlekar
...
CORAM: S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE: 09th FEBRUARY, 2021
PER COURT:
1. Heard.
2. The issue involved in the present matter is
no longer res integra in view of the judgment of
Division Bench of this Court in Writ Petition No.
4536 of 2014 and other connected matters dated 14th
August, 2014. We also adopt the same course.
3. In view of the above, we also follow the same
course.
4. For the reasons recorded above, view taken by
the Scrutiny Committee deserved to be upheld.
However, in the facts and circumstances, we
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proceed to issue certain directions in addition to
the directions issued by the Scrutiny Committee we
also follows:
(a) The petitioner may approach the concerned
Scrutiny Committee for issuance of photostat
copy of the caste / tribe certificate
produced by him for verification, within a
period of two weeks from today. The Scrutiny
Committee, on receipt of such application,
issue attested/authenticated copy of the
caste/tribe certificate produced by
petitioner for verification to the Committee.
(b) The petitioner, on receipt of photostat
copy of the caste/tribe certificate, shall
approach the concerned Sub Divisional
Officer/competent authority with an
application for issuance of caste/tribe
certificate within a period of two weeks,
thereafter.
(c) The concerned Sub Divisional Officer /
Competent Authority, on receipt of the
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application of the petitioner, together with
attested / authenticate photostat copy of the
caste/tribe certificate issued earlier shall,
after verifying that the earlier caste/tribe
certificate was issued by the Competent
Authority, proceed to issue caste/tribe
certificate in prescribed proforma certifying
that the petitioner belongs to 'Mannervarlu',
Scheduled Tribe. The Sub Divisional
Officer/Competent Authority shall issue
certificate within a period of two weeks from
the date of receipt of the application.
(d) On receipt of Tribe certificate, the
petitioner, shall approach the concerned
Scrutiny Committee with a proposal in
prescribed proforma requesting the Scrutiny
Committees to verify the Tribe Certificate
and consider his application for issuance of
validity certificate. The petitioner shall
approach the Scrutiny Committee within a
period of two weeks from the date of receipt
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of the caste certificate from the competent
authority.
(e) On receipt of the proposal from the
petitioner, the Scrutiny committee shall
proceed to verify the caste/tribe certificate
and take appropriate decision after following
procedure prescribed under law in respect of
issuance of validity certificates, as
expeditiously as possible, preferably within
a period of six months from the date of
receipt of the proposal/application.
(f) The Scrutiny Committee shall accept the
proposal directly and shall not refuse to
accept the proposal on the ground that same
has not been routed through proper channel,
either employer or educational institutions.
5. Writ Petition stands disposed of accordingly.
No costs.
[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]
marathe
