Atish Keshvrao Pudalwad vs The State Of Maharashtra And ...
2021 Latest Caselaw 8979 Bom

                                                           WP No.7464/21
                                     1


                  IN THE HIGH COURT AT BOMBAY
              APPELLATE SIDE, BENCH AT AURANGABAD

                     940 WRIT PETITION NO.7464 OF 2021

                       ATISH KESHVRAO PUDALWAD
                                 VERSUS
               THE STATE OF MAHARASHTRA AND ANOTHER
                                     ...
                 Advocate for Petitioner : Mr. C.R. Thorat
              AGP for Respondents /State : Mr. K.N. Lokhande
                                     ...
                            CORAM : S.V. GANGAPURWALA &
                                         R.N. LADDHA, JJ.

                            DATED :      09/07/2021.
 PER COURT :

. Leave is granted to add respondent No. 3. The

learned A.G.P. waives notice for respondent No. 3.

2. Heard.

3. The issue involve 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.

4. For the reasons recorded above, view taken by the

Scrutiny Committee deserves to be upheld. However, in the facts

and circumstances, we proceed to issue certain directions in

addition to the directions issued by the Scrutiny Committee. We

also follow :-

WP No.7464/21

(a) The petitioner may approach the concerned Scrutiny Committees for issuance of photostat copy of the caste/tribe certifcate produced by him for verifcation, within a period of four months from today. The Scrutiny Committee, on receipt of such application, issue attested/authenticated copy of the caste/tribe certifcate produced by petitioner for verifcation to the Committee.

(b) The petitioner, on receipt of photostat copy of the caste/tribe certifcate, shall approach the concerned Sub Divisional Ofcer/competent authority with an application for issuance of caste/ tribe certifcate within a period of two weeks, thereafter.

(c) The concerned Sub Divisional Ofcer/Competent Authority, on receipt of the applications of the petitioner, together with attested/authenticated photostat copy of the caste/tribe certifcate issued earlier shall, after verifying that the earlier caste/tribe certifcate was issued by the Tahsildar, proceed to issue caste/tribe certifcate in prescribed proforma certifying that the petitioner belongs to 'Mannervarlu', Scheduled Tribe. The Sub Divisional Ofcers/Competent Authority shall issue certifcate within a period of two weeks from the date of receipt of the application.

WP No.7464/21

(d) On receipt of Tribe certifcate, the petitioner, shall approach the concerned Scrutiny Committees with a proposal in prescribed proforma requesting the Scrutiny Committees to verify the Tribe Certifcate and consider his application for issuance of validity certifcates. The petitioner shall approach the Scrutiny Committee within a period of two weeks from the date of receipt of the caste certifcate from the competent authority.

(e) On receipt of the proposal from the petitioner, the Scrutiny committee shall proceed to verify the caste/tribe certifcate and take appropriate decision after following procedure prescribed under law in respect of issuance of validity certifcates, 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 proposals directly and shall not refuse to accept the proposals on the ground that same have not been routed through proper channel, either employer or educational institutions.

3. The writ petition stand disposed of accordingly. No costs.

[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]

ssc/