Bombay High Court
Javedkha S/O Musakha Pathan vs State Of Maharashtra, Through ... on 8 December, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-NAG:17175-DB
1 WP713.22 (J).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 713 OF 2022
PETITIONER : Javedkha S/o Musakha Pathan,
Aged about 32 years, Occu. Service,
R/o At Dodhra, Tq. Deulgaon Raja,
Dodra, Isrul Buldhana, Maharashtra.
VERSUS
RESPONDENTS : 1] State of Maharashtra,
through its Secretary,
Tribal Welfare Department,
Mantralaya, Mumbai - 32.
2] Committee for Scrutiny and Verification
of Tribes Claim, Amravati Division,
Amravati, through its Deputy Director (R),
and Member Secretary, Amravati,
Tq. And Dist. Amravati.
3] Tahsildar,
Tahsil Office, Deulgaon Raja,
Tq. Deulgaon Raja, Dist. Buldhana.
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Mr. Gopal G. Mishra, Advocate for the petitioner.
Ms. Shamsi Haider, A. G. P. for the respondent no.1 to 3
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CORAM : SMT. ANUJA PRABHUDESSAI and
MRS. VRUSHALI V. JOSHI, JJ.
DATED : DECEMBER 08, 2023.
ORAL JUDGMENT (PER - Smt. Anuja Prabhudessai, J.)
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1. RULE. Rule made returnable forthwith. Heard finally by
consent of the learned advocates for the parties.
2. The petitioner claims that he belongs to "Bhil" Tribe,
which falls under Entry No.8 of the Scheduled Tribes Order. He was
issued a caste certificate, on the basis of which he was appointed as
Kotwal against the post reserved for Scheduled Tribe category. The
caste certificate dated 01.07.2011, which was issued to the petitioner was
not in the prescribed format and he was required to obtain a fresh caste
certificate in Form-C from the Sub Divisional Officer, Buldhana for the
purpose of verification of his caste claim. The petitioner applied for
validation of his caste claim. The said proposal was not accepted due
to some technical reasons and he was called upon to submit fresh
proposal. Accordingly, the petitioner submitted a fresh proposal for
verification on 23.11.2021. It is stated that the said proposal is still
pending before respondent no.2 Committee for verification.
3. In the meantime, the petitioner has received
letter/communication dated 21.01.2022 from respondent no.3
Tahsildar, calling upon him to submit his Caste Validity Certificate
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within a period of one month. The petitioner has been put to notice
that his services would be terminated, if he fails to submit the Caste
Validity Certificate within a period of one month. In these
circumstances, the petitioner has approached the Court challenging the
legality of the said communication and seeking direction to respondent
no.2 to decide his caste claim.
4. It is to be noted that the petitioner has submitted the
proposal before the respondent no.2-Committee, which is under
statutory obligation to deal with matters related to validation/
verification of caste certificate within a reasonable time. The petitioner
has not been able to produce the validity certificate not because of any
act attributable to him, but solely due to the failure of respondent no.3
to act expeditiously and to decide the caste claim within a reasonable
time. The petitioner cannot be blamed and/or penalized for the delay
on the part of respondent no.2 Committee in taking a decision on his
proposal or for non-performance of statutory duty.
5. Learned Assistant Government Pleader states that the
Caste Claim of the petitioner, pending before the respondent no.2 -
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Committee will be decided as expeditiously as possible.
6. In such circumstances, we allow the petition and make rule
absolute by directing the respondent no.2 Committee to adjudicate the
caste claim of the petitioner within a period of four months from the
date of receipt of copy of the order. Pending the adjudication process,
we direct respondent no.3 - Tahsildar not to terminate the services of
the petitioner on the sole ground that the petitioner has not been able
to tender caste validity certificate.
7. Rule is made absolute. No order as to costs.
(VRUSHALI V. JOSHI, J.) (ANUJA PRABHUDESSAI, J.)
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 14/12/2023 19:04:59
