Vaishali Dhadaku Koli Alias ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 15313 Bom

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    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

              925 WRIT PETITION NO.11864 OF 2021

     VAISHALI DHADAKU KOLI @ RUCHIRA RAVINDRA KOLI
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                          ...
   Advocate for Petitioner: Mr. Jadhavar Pratap V.
    AGP for Respondents/State: Mr. S. B. Pulkundwar
                          ...

                                      CORAM:      S. V. GANGAPURWALA &
                                                  R. N. LADDHA, JJ.

                                      DATE:       26th OCTOBER, 2021

 PER COURT:

1. Heard. Issue notice to the respondents. The

learned A.G.P. waives service of notice for the

respondents.

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 14.08.2014.

3. In view of the above, we also adopt the same

course.

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 4.       The      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 as 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 four months from today.

The scrutiny committee, on receipt of such

application, issue attested / authenticated

copy of the caste / tribe certificate

produced by the 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.

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          (c)              In the event earlier caste / tribe

certificate had been issued by the Executive

Magistrate, it would be open for the

petitioner to tender an application to the

Sub Divisional Officer of the concerned

Division and such officer shall entertain the

application and shall issue caste / tribe

certificate in the prescribed proforma on

verifying attested / authenticated photostat

copy of the earlier caste / tribe

certificate.

(d) The concerned Sub Divisional

Officer/Competent Authority, on receipt of

the application by petitioner, together with

attested/authenticated photostat copy of the

caste / tribe certificate issued earlier,

shall proceed to issue caste / tribe

certificate in prescribed proforma certifying

that petitioner belongs to 'Tokre Koli',

Scheduled Tribe. The Sub Divisional

Officer/Competent Authority shall issue

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certificate within a period of four weeks

from the date of receipt of the application.

          (e)              On        receipt         of       caste          /       tribe

          certificate,              the    petitioner,            shall        approach

          the       concerned             scrutiny        committee              with       a

          proposal             in    prescribed       proforma              requesting

the scrutiny committee to verify the caste /

tribe certificate and consider her

application for issuance of validity

certificate. The petitioner shall approach

the scrutiny committee within a period of

four weeks from the date of receipt of the

caste / tribe certificate from the competent

authority.

(f) 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,

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preferably within a period of one year from

the date of receipt of the

proposal/application.

(g) 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 institution.

(h) The education institution / college

or the employer shall not take any adverse

action against the petitioner only on the

ground of failure to produce validity

certificate and further appropriate action

can be taken only subject to result of

verification claim, which would be lodged

before the scrutiny committee, in accordance

with the directions issued in this order.

5. Writ Petition accordingly stands disposed of.

No costs.

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