Bombay High Court
Vikrant Kishor Mudiraj vs The State Of Maharashtra And ... on 28 February, 2022
Bench: Ravindra V. Ghuge, S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
8 WRIT PETITION NO.12363 OF 2021
VIKRANT KISHOR MUDIRAJ
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Adv. for Petitioner : Mr. Chinchole G. K. h/f Mr. Vibhute S. M.
AGP for Respondents-State : Mr. P. S. Patil.
...
CORAM : RAVINDRA V. GHUGE, AND
S. G. MEHARE, JJ.
DATE : 28.02.2022
PER COURT :-
1. We have heard the submissions of the learned advocate
for the petitioner and the learned AGP on behalf of all the
respondents. With their assistance, we have gone through the
petition paper book.
2. The petitioner prays for a direction that he should be
granted the Tribe Certificate of "Koli Mahadev" Scheduled
Tribe. On perusal of the first order passed on 29.06.2016 by
the Sub Divisional Officer, Hingoli and having perused Rule 3
as well as rule 4(6) of the Maharashtra Scheduled Tribes,
(Regulation of Issuance and Verification of Certificate) Rules,
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2003, we find that the first authority has not passed an order
without application of mind.
3. The petitioner contends that none of his ancestors ever
took education. None of them went to school. None of them
have school records. However, he concedes that an affidavit
was not filed in order to support his case under Sub Clause (4)
of Rule 3 by which he could have explained the reasons as to
why he is short of some documents.
4. The first impugned order indicates that as there were
certain deficiencies in his application, he was called upon to
remove the deficiencies. However, that was not done and the
petitioner continued to litigate right up to this Court. This is
his second round to this Court. The petitioner continues to
harp upon Sub Rule (6) of Rule 4 stating that a scheduled tribe
certificate should be issued within 15 days.
5. He relies upon a judgment dated 28.02.2011 delivered
by this Court in Writ Petition No.860 of 2011 filed by Govind
Sayanna Kamtamwar Vs. The State of Maharashtra and others.
This Court has concluded that a detailed inquiry is not
necessary, a view with which we agree. However, in the said
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order, the petitioner was equipped with a certificate issued by
the School indicating his caste as "Mannerwarlu" and he also
had other certificates. In the present case, the petitioner has a
certificate issued by the Talathi, which according to the counsel
for the Committee is irrelevant. He has a certificate issued by a
Corporator Police Patil. The said document is also irrelevant.
His tribe entry in the school record is Mahadev Koli which tribe
does not exist. He referred to a caste certificate of his cousin
brother from the paternal side, but did not tender further
details nor the original certificate for verification. Same is the
case with regard to his biological uncle from the paternal side.
This would also apply to his biological cousin brothers on the
paternal sides.
6. In view of the above, we do not find that the impugned
orders could be termed as being perverse or erroneous.
However, as we see that the Sub Divisional Officer, Hingoli had
actually granted an opportunity to the petitioner to undo the
deficiencies and since we are of the view that the petitioner
cannot be rendered remediless, this petition is disposed off
with the following observations :
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(a) The petitioner shall comply with the requirements as
are prescribed under Rule 4 of the 2003 Rules and
make an application afresh, on or before 21.03.2022.
(b) If called upon by the competent authority, he would
produce the affidavit of his cousin brothers, cousin
uncles on the paternal side and / or may produce
their original caste certificates for verification to
support his claim.
(c) He may also file an affidavit as is required under Sub
Clause 4 of Rule 3.
(d) If he approaches the competent authority by making
such an application, on or before 21.03.2022 and
supports his claim with such documents as are
adverted to in the above directions, respondent No.3
would consider the material placed before him and
pass an appropriate order on or before 21.06.2022.
(e) Needless to state, if respondent No.3 is satisfied, he
shall also issue a tribe certificate along with his order,
on or before 21.06.2022.
(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)
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vmk/-
