Allowed

Shubham, Sachin, Ashwini Dnyaneshwar Rawale Minor Under Guardian Mother Sunita Dnyaneshwar Rawale v. the State of Maharashtra and Another

Bombay HC22 Dec 2016WP/12661/2016

Case brief

AI extract

What is this about?

The High Court of Bombay, Aurangabad bench allowed a writ petition seeking caste certificates for minors whose school records denote the tribe as "Koli Mahadev".

What did the court decide?

The orders rejecting the petitioners' request were quashed and set aside; the Sub-Divisional Officer, Ahmednagar, is directed to issue caste/tribe certificates

Shubham, Sachin, Ashwini Dnyaneshwar Rawale… — Pension and Retirement Benefits | Bombay HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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 WRIT PETITION NO. 12661 OF 2016
(Shubham Dnyaneshwar Rawale, Sachin Dnyaneshwar Rawale
and Ashwini Dnyaneshwar Rawale, Minors u/g Mother Sunita
Dnyaneshwar Rawale Vs. The State of Maharashtra and
another)

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Mr. Pratap V. Jadhavar, Advocate for the Petitioners
Mr. S.B. Pulkundwar, A.G.P. for the respondent/State

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CORAM :R.M. BORDE AND
SANGITRAO S. PATIL, JJ.

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DATE : 22nd December, 2016

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PER COURT:

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Heard.

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2.The request for issuance of caste certificates

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in favour of the petitioners, has been turned down by
the Sub-Divisional Officer, Ahmednagar in view of the
orders passed on 16th November, 2016 and the said orders
are the matter of challenge in this petition.

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3.The entries recorded in the school record in
respect of the petitioners denote their tribe as Mahadev

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Koli. The school record of the father of the
petitioners indicate his tribe as Koli Mahadev. Merely
because the entries in the school record and the caste

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WP12661-2016

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certificates issued to the blood relations of the
petitioners do not record entry of the tribe in
consonance of the Scheduled Castes and Scheduled Tribes
Order, 1950, the applications appear to have been
rejected.

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4.Entry No.29 of the Scheduled Castes and
Scheduled Tribes Order, 1950 records the nomenclature of
the tribe – “Koli Mahadev” and not as “Mahadev Koli”.
The issue in this record has been dealt with by the
Division Bench of this Court in the judgment delivered
matter ofPrakash s/o Subhash Bhople Vs. Deputy
Collector (General), Latur and others 2015 (4) Mh.L.J.
890 and certain directions have been issued.

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5.Considering the judgment referred to as above,
the instant petition also deserves to be allowed and the
same is accordingly allowed. The orders dated 16th
November, 2016, passed by the Sub-Divisional Officer,
Ahmednagar, rejecting the request of the petitioners for
issuance of caste/tribe certificates, are quashed and
set aside. The Sub-Divisional Officer, Ahmednagar is
directed to issue caste/tribe certificate in favour of

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the petitioners in prescribed format, certifying the

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3 WP12661-2016

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tribe of the petitioners as “Koli Mahadev”, as

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expeditiously as possible, preferably within a period of

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four weeks from today and it is accordingly directed.

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6.The Writ Petition is disposed of.

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npj/WP12661-2016

Shubham, Sachin, Ashwini Dnyaneshwar Rawale Minor Under Guardian Mother Sunita Dnyaneshwar Rawale v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Shubham, Sachin, Ashwini Dnyaneshwar Rawale Minor Under Guardian Mother Sunita Dnyaneshwar Rawale v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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