Bombay High Court
Sarthak S/O Digamber Gite U/G Of ... vs The State Of Maharashtra, Dept. Of ... on 5 April, 2023
Bench: A.S. Chandurkar, M. W. Chandwani
67-WP2007.23-J.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2007 OF 2023
Petitioner : Sarthak S/o Digamber Gite, Age 17 years,
Occ. Student, U/g of father - Digamber s/o
Dattatray Gite, Age 45 years, Occ.:
Agriculture, R/o Santkripa Hospital,
Kelkarwadi, Murtijapur, Tah. Daryapur,
District Amravati.
-Vs.-
Respondents : 1. The State of Maharashtra, Department of
Tribal Development, Mantralaya, Mumbai-
32. Through its Secretary.
2. The Scheduled Tribe Certificate Scrutiny
Committee, Amravati Division Amravati,
Tq.& Dist. Amravati. Through its Member
Secretary.
3. The Sub-Divisional Officer, Daryapur
Division, Daryapur, Dist. Amravati.
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Mr.Ashish Chaware, counsel for the petitioner.
Mr.A.A.Madiwale, AGP for the respondents.
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CORAM : A. S. CHANDURKAR &
M.W.CHANDWANI, JJ.
DATE : 5 APRIL, 2023
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67-WP2007.23-J.odt
ORAL JUDGMENT (PER : A.S.CHANDURKAR, J.)
Heard.
2. Rule. Rule made returnable forthwith. Heard finally with the
consent of the learned counsel for the parties.
3. The petitioner claims to belong to "Thakur" Scheduled Tribe. He
sought issuance of a tribe certificate in that regard. The Sub-Divisional
Officer initially rejected that request on 17/02/2022 and hence, the
petitioner approached the Scrutiny Committee by filing an appeal. That
appeal was dismissed on 30/11/2022. The said orders were challenged by
the petitioner in Writ Petition No.369 of 2023. By order dated 08/03/2023,
the proceedings were remanded to re-consider the documents with liberty
to the petitioner to file additional documents. Thereafter, the petitioner
filed additional documents of his blood relatives indicating that the
family belongs to "Thakur" Scheduled Tribe. The Sub-Divisional Officer
has again on 23/03/2023 rejected the petitioner's application for issuance of
tribe certificate. Being aggrieved, the petitioner has challenged the said
order.
4. The learned Assistant Government Pleader was directed to obtain
the record that was considered by the Sub-Divisional Officer while passing
the impugned order. Accordingly, that record has been produced for
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perusal. We find in the said record that there is a school leaving certificate
of the petitioner's aunt indicating her date of birth as 29/06/1947 and that
she had entered the school on 01/07/1959. There is an entry of "Thakur" in
the said document. Similarly, there is a school transfer certificate of the
grandfather of the petitioner having similar entries. That document is of the
year 1926. We find, therefore, that there are various documents of the pre-
independence era, which substantiate the claim of the petitioner to seek
issuance of tribe certificate of belonging to "Thakur" Scheduled Tribe. This
issue has been considered by the Division Bench of this Court in 2015(2)
Mh.L.J. 707 (Namdeo s/o Baburao Ingale and others Vs. Scheduled Tribe
Caste Certificate Scrutiny Committee, Amravati and others) , wherein it has
been held that the primary duty of the authority issuing such certificate is
merely to consider the relevant documents and not to record a finding that
the applicant belongs to a particular tribe/caste.
5. In view of the aforesaid, we are satisfied that the case has been
made out to direct the respondent No.3 to issue necessary tribe certificate to
the petitioner of belonging to "Thakur" Scheduled Tribe. This is for the
reason that despite an opportunity being granted to the respondent No.3 to
take an appropriate decision, he has failed to do so. Accordingly, the
following order is passed:-
(i) Since the petitioner seeks to participate in the National
Eligibility-cum-Entrance Test (UG) 2020-2023 and the last date
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for submission of documents is 06/04/2023, it is directed that
the respondent No.3 shall issue the tribe certificate forthwith.
(ii) The respondent No.3 shall issue a tribe certificate to the
petitioner of belonging to "Thakur" Scheduled Tribe. Subject to
verification of this tribe certificate by the Scrutiny Committee in
accordance with law, the petitioner can rely upon the same in
future. The process of verification if sought shall be carried out
on its own merits.
(iii) The petitioner shall attend the office of respondent No.3 along
with copy of this order immediately. Learned Assistant
Government Pleader to inform the respondent No.3-The Sub-
Divisional Officer, Daryapur Division, Daryapur, District
Amravati of this order.
6. With this direction the writ petition is allowed and disposed of.
Rule accordingly. No costs.
7. Authenticated copy of this judgment be supplied to the parties to
act upon.
(M.W.CHANDWANI, J) (A.S.CHANDURKAR, J)
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