Allowed

Mukund Bapurao Kamale v. the State of Maharashtra and Others

Bombay HC2 Jul 2014WP/3594/2014

Case brief

AI extract

What is this about?

This writ petition concerned the rejection of the petitioner's application for a Scheduled Tribe certificate because he alleged his caste was 'Mahadev Koli' while records showed 'Koli Mahadev'. The Court held he satisfied the prima facie test, directed him to reapply for 'Koli Mahadev', and ordered the authority to issue the certificate within four weeks.

What did the court decide?

Petitioner directed to tender afresh application for 'Koli Mahadev' Scheduled Tribe certificate; Sub-Divisional Officer directed to issue certificate within four weeks. Rule made absolute.

Mukund Bapurao Kamale Vs the State of… — Pension and Retirement Benefits | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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WRIT PETITION NO. 3594 OF 2014

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Mukund s/o Bapurao Kamale age 28 years, occ. student r/o Shivajinagar, Majalgaon, Tq. Majalgaon, Dist. Beed.

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.. PETITIONER

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VERSUS

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The State of Maharashtra Through its Secretary Tribal Development Department Mantralaya, Mumbai 32.

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The Scheduled Certificate Scrutiny Committee Aurangabad Division, Aurangabad Through its Deputy Director (R), Aurangabad.

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The Sub-Divisional Officer, Ambajogai, Tq. Ambajogai Dist. Beed. .. RESPONDENTS

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Mr. P. V. Jadhavar, advocate for petitioner. Mr. K. G. Patil, AGP for the State. Mr. P. S. Patil, advocate for respondent no. 2.

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=====

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CORAM : R.M. BORDE &

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V. L. ACHLIYA, JJ. DATE : 2^nd JULY, 2014.

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ORAL JUDGMENT : ( PER R. M. BORDE, J. )

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Heard.

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Rule. Rule made returnable forthwith. With the consent of the

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parties, petition is taken up for final disposal at admission stage.

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Application tendered by petitioner for issuance of caste certificate certifying that he belongs to 'Mahadev Koli' Scheduled Tribe has been

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turned down by the Sub-Divisional Officer by order dated 17.10.2011 and the order passed by the Sub-Divisional Officer has been confirmed by the Scrutiny Committee in an appeal presented by petitioner on 12.07.2012. Learned counsel for respondent - Scrutiny Committee points out that relevant entry in the Scheduled Tribe order at Sr. no. 29 is 'Koli Mahadev' and not 'Mahadev Koli' and the application tendered by petitioner for issuance of tribe certificate as 'Mahadev Koli' was not entertainable. However, on reading the order passed by the Sub-Divisional Officer or the Scrutiny Committee, it does not transpire that the claim has been rejected on such ground. Both the authorities below have rejected the claim holding that petitioner failed to substantiate his claim for issuance of tribe certificate. Petitioner in order to substantiate his claim has placed on record school record of his brother wherein entry as regards his caste is recorded as 'Koli Mahadev'. There is also old record in the form of First Information Report registered in 1331 Fasli wherein entry in respect of caste of his father has been shown as belonging to 'Mahadev Koli'. Apart from this, the Circle Inspector who conducted local inquiry has reported that the family of petitioner appears to be belonging to Scheduled Tribe category.

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It is well established that the caste certificate is required to be issued on taking into consideration the prima facie material. Petitioner, in order to claim benefits under the Government scheme or while pursuing education, is required to produce validation certificate and, at the stage of issuance of validation certificate the Committee is empowered to look into all the aspects, call for report of the Vigilance Cell and after conducting indepth

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inquiry, including inquiry as regards affinity of claimant with the concerned tribe, issue validation certificate in his favour. The caste certificate can be issued on prima facie satisfaction that the person belong to a particular reserved category. In the instant matter, according to us, petitioner has satisfied the test for issuance of caste certificate. Since it is pointed out that petitioner has tendered application for issuance of caste certificate as 'Mahadev Koli', it would be appropriate to direct petitioner to tender afresh application with the Sub-Divisional Officer requesting for issuance of tribe certificate of his belonging to 'Koli Mahadev' Scheduled Tribe. If petitioner tenders application to the Sub-Divisional officer within a period of six weeks from today, the Sub-Divisional Officer shall issue the certificate as expeditiously as possible, preferably within a period of four weeks from the date of receipt of application. It is clarified that the observations made in the judgment are of prima facie nature and the Scrutiny Committee while deciding the issue in respect of validation of caste certificate shall not be influenced by these observations. Rule made absolute. In the facts and circumstances of the case, there shall be no order as to costs.

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Pending civil application, if any, does not survive and stands disposed

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of.

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( V. L. ACHLIYA ) ( R. M. BORDE ) JUDGE JUDGE

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Mukund Bapurao Kamale v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Mukund Bapurao Kamale v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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