Krashna Narsing Yenchalwad vs Scheduled Tribe Certificate ...
2022 Latest Caselaw 2823 Bom

                                      1   945- W.P. No. 3794-2022 jUDGMENT.odt




       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                   WRIT PETITION NO. 3794 OF 2022

       Krashna Narsing Yenchalwad,
       Age : 24 Years, Occ. Service,
       R/o. Kharabwadi, Tq. Ahmedpur,
       Dist. Latur.                                   .. Petitioner

          VERSUS

1.     Scheduled Tribe Certifcate,
       Scrutiny Committee, Kinwat,
       Working at Aurangabad,
       through its Member Secretary

2.     District Malaria Ofcer ( DMO)
       Malaria Ofce, Osmanabad
       Dist. Osmanabad.                             ..Respondents

                                 ...

Advocate for the Petitioner : Mr. S.S. Phatale A.G.P for Respondent-State : Mr. S. P. Tiwari ....

CORAM : R. D. DHANUKA & S.G. MEHARE JJ.

DATE : 23.03.2022.

ORAL JUDGMENT ( PER R.D. DHANUKA J.) :-

Rule. The learned A.G.P waives service of notice for

respondent Nos. 1.

2. Rule is made returnable forthwith.

3. By this petition fled under Article 226 Constitution of

India, the petitioner has prayed for Writ of Mandamus against

respondent Nos. 1 Caste Scrutiny Committee to decide the

pending Tribe claim of the petitioner expeditiously and seeking

injunction against respondent No.2 for not taking any coercive

action on the ground of non production of caste certifcate.

4. The learned A.G.P on instructions states that caste

claim of the petitioner would be decided within four months

from today. Statement is accepted.

5. We accordingly direct respondent no.1 to decide

caste claim of the petitioner within four months from today.

Learned counsel for the petitioner states that his client would

appear before respondent No.1 committee on 29 th March 2022

at 11.00 a.m without fail and will not seek any unnecessary

adjournments in the matter till the caste claim of the petitioner

is decided. Statement is accepted.

6. Respondent No.2 shall not take any coercive steps

against the petitioner on the ground that the petitioner has not

submitted caste validity certifcate till the caste claim of the

petitioner is decided by respondent No.1. and for a period of

three weeks from the date of communication of the order that

would be passed by respondent No.1 if the same is adverse to

the petitioner.

7. If the caste claim of the petitioner is decided in

favour of the petitioner, respondent No.1 shall issue caste

validity certifcate in favour of the petitioner within one week

from the date of passing of order. If the order is adverse to the

petitioner, the petitioner would be at liberty to fle appropriate

proceeding. Writ Petition is allowed in aforesaid terms.

8. Rule is made absolute, accordingly. No order as to

costs.

9. It is made it clear that this Court has not expressed

any view on the merits of the Caste Claim of the petitioner. The

respondent No.1 Scheduled Tribe Certifcate Scrutiny

Committee, Kinwat shall decide the caste claim of the petitioner

on its own merits.

            (S.G. MEHARE J.)                   ( R.D. DHANUKA J. )
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