Bombay High Court
Rishika Swapnil Akulwar vs State Of Maharashtra Thru The ... on 30 September, 2022
Bench: S.V. Gangapurwala, Madhav J. Jamdar
20-aswp-11523-2022.doc
Sonali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by
SONALI
SONALI
MILIND WRIT PETITION NO. 11523 OF 2022
MILIND PATIL
PATIL Date:
2022.10.01
14:53:36
+0530 Rishika Swapnil Akulwar ...Petitioner
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Swaraj Jadhav, for Petitioners.
Mrs. M. P. Thakur, AGP, for Respondent-State.
CORAM : S.V. GANGAPURWALA &
MADHAV J. JAMDAR, JJ.
DATED : 30TH SEPTEMBER 2022
ORAL JUDGMENT : (Per S. V. Gangapurwala)
1. Rule. Rule is made returnable forthwith. By consent of the parties,
taken up for final hearing.
2. The Petitioner is issued with the Caste Certificate by the SDO,
Solapur. The same was submitted for validation before the scrutiny
committee. The scrutiny committee opined that at the time of presidential
order Petitioner and his forefathers were residents of Degloor, District -
Nanded. In view of that it was held that the caste certificate obtained from
SDO Solapur is without territorial jurisdiction. The said certificate is
confiscated and cancelled.
20-aswp-11523-2022.doc
3. Learned counsel for the Petitioner pointed out the caste certificate of
Petitioner's grandfather namely Gangaram Yellappa issued by the Tahsidar,
Degloor, who at the relevant time was a competent authority. The father
has migrated to Solapur. The Petitioner is also residing at Solapur.
4. Rule 5 (2) (b) of the Maharashtra Scheduled Castes, Scheduled
Tribes, De-Notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other
Backward Classes and Special Backward Category (Regulation of Issuance
and Verification of) Caste Certificate Act, 2000 provides that the
Competent Authority shall issue Schedule Tribe Certificate in Form C to an
applicant of other district from which he had migrated to the present
place, on the production of the Scheduled Tribe Certificate issued to his
father or grantfather by the then Competent Authority of the district of his
father or grandfather's origin at the time of passing of the first Presidential
Order dated 6th September 1950.
5. In the present case, grandfather is already issued with the Tribe
Certificate by the competent authority where his grandfather at the
relevant time of issuance of the first presidential order was residing.
Migration is subsequent. In view of that the caste certificate issued by SDO,
20-aswp-11523-2022.doc
Solapur would be valid.
6. The impugned order dated 3rd August 2022 is quashed and set aside.
7. The Respondent No.2-Committee shall decide the validation
proceeding in respect of the caste claim of the Petitioner on its own merits.
8. It is submitted that Petitioner is exploring the possibility of
admission to the professional course. The admission process would
commence shortly.
9. The Petitioner shall appear before the committee on 4th October
2022. The matter was pending before the committee since 2019. In case
vigilance is not conducted, the same shall be conducted as expeditiously as
possible and the proceedings be decided within one month from the date
of appearance of the Petitioner.
10. Rule is made absolute accordingly.
11. The Writ Petition is disposed of. No costs.
(MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.)
