Rushikesh Deepak Sone And Another vs Sub Divisional Officer And ...
2021 Latest Caselaw 4946 Bom

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    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               949 WRIT PETITION NO.4885 OF 2021

 1.       Rushikesh Deepak Sone,
          Age: 18 years, Occ.: Education

 2.       Kratika Deepak Sone,
          Age: 20 years, Occ.: Education
          R/o., Nagapur, Tq.:Biloli,
          Dist.: Nanded               .. Petitioners

                   Versus

 1.       Sub Divisional Officer,
          Degloor, Dist.: Nanded

 2.       Scheduled Tribe Certificate
          Scrutiny Committee, Aurangabad
          through its Member Secretary
                                       .. Respondents
                          ...
    Advocate for Petitioners: Mr. Phatale Sagar S.
      AGP for Respondents: Mrs. V. N. Patil-Jadhav
                          ...

                               CORAM: S. V. GANGAPURWALA &
                                      SHRIKANT D. KULKARNI, JJ.

DATE: 18th MARCH, 2021

ORAL JUDGMENT (Per S V Gangapurwala,J.):

1. Rule. Rule returnable forthwith. With the

consent of learned Counsel for respective parties,

matter is taken up for final hearing.

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2. The applications filed by the petitioners for

issuance of tribe certificates of Koli Mahadev,

Scheduled Tribe are rejected. The appeals filed

against the said orders are also dismissed by the

scrutiny committee. Aggrieved thereby, the present

petition.

3. Mr. Phatale, learned Counsel for the

petitioners submits that father of the petitioners

is issued with validity certificate of Koli

Mahadev, Scheduled Tribe on 29.12.2007. The school

record of the petitioners, their father records

tribe as Koli Mahadev. The school record of the

sister of the petitioners and the brother of the

petitioner also records tribe as Koli Mahadev,

still, on the ground that petitioners have not

proved the affinity has dismissed the appeals.

 4.       The       learned          A.G.P.    submits          that        as      the

 petitioners              could      not     prove    the      affinity,            the

 appeals           are         rightly      dismissed.          The        scrutiny

 committee            and      the    Sub     Divisional         Officer          have





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 considered               all        the     aspects          of       the        matter

 correctly.

5. At the time of issuance of tribe certificate

a long drawn investigation and enquiry is not

contemplated. The authorities have to be prima

facie satisfied. In the present matter, prima

facie, the school record of the petitioners

father, petitioners sister, real brother and the

petitioners records tribe as Koli Mahadev. The

first page of the service book of the petitioners

father also records tribe as Koli Mahadev. The

father of the petitioners is already issued with

the validity certificate of Koli Mahadev,

Scheduled Tribe. For issuance of tribe certificate

the same was sufficient.

6. In light of the above, the impugned judgments

of the scrutiny committee and the Sub Divisional

Officer are quashed and set aside. The Sub

Divisional Officer, Degloor shall issue tribe

certificates to the petitioners of Koli Mahadev,

Scheduled Tribe immediately.

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7. Rule is accordingly made absolute.

8. Writ Petition is accordingly disposed of. No

costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]

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