Allowed

Archana Chandrakant Jamadar and Anothers v. the State of Maharashtra and Others

Bombay HC8 Feb 2016WP/1521/2016

Case brief

AI extract

What is this about?

Writ petition by two sisters challenging rejection of their caste certificate applications. Court held prima facie case established relying on school records and elder siblings' validation certificates. Directed SD Officer to issue certificates within two weeks.

What did the court decide?

The petition is allowed. The Sub-Divisional Officer is directed to issue caste certificates to the petitioners within two weeks.

Archana Chandrakant Jamadar and Anothers Vs… — 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.1521 OF 2016

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1 Archana Chandrakant Jamdar, age: 28 years, occu: student, R/o Bet Jawalga, Tq. Umarga, Dist. Osmanabad

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2 Kalpana Chandrakant Jamdar, age: 24 years, occu: student, R/o Bet Jawalga, Tq. Umarga, Dist. Osmanabad Petitioners Versus

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1 The State of Maharashtra through Its Secretary, Tribal Development Department, Mantralaya, Mumbai

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2 The Sub Divisional Officer, Umerga, Dist. Osmanabad

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3 Maharashtra Public Service Commission, 7^th & 8^th Floor, Cooperage Telephone Building, Maharashi Karve Road, Mumbai 400 021 Respondents

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Mr.Anandsing Bayas advocate for the petitioners Mr.P.S. Patil, Assistant Government Pleader for Respondents

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CORAM : R.M. BORDE & A.I.S. CHEEMA, JJ

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(Date : 8^th FEBRUARY, 2016.)

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ORAL JUDGMENT

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(Per: R.M. Borde, J)

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1 Heard.

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2 Rule. With the consent of the parties, petition is taken for final decision at admission stage.

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3 The applications tendered by the petitioners for issuance of caste certificates, have been turned down by the Sub-divisional Officer for the reason that, the petitioners failed to substantiate their claims. The petitioners are real sisters. The petitioners placed reliance on the validation certificates issued in favour of their real elder sister and real brother by the competent scrutiny committee on 12.8.2013. Apart from this, the school record of the petitioners indicates their caste as Koli Mahadev. The report of the local enquiry also favours the petitioners. In this view of the matter, we are of the opinion that, the petitioners have prima facie established their claim for issuance of caste certificates.

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4 Time and again, it has been directed by this Court to the Sub Divisional Officers to issue caste certificates on consideration of prima facie evidence and it was also made clear that, in-depth enquiry in respect of the caste claim of the concerned applicant is contemplated only at the stage of issuance of validity certificate by the scrutiny committee. It is observed that, the directions issued by this Court are overlooked by the Sub Divisional Officers. It was also instructed by this Court to the State Government to

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issue appropriate directions to the Sub-divisional Officers, intimating them to issue caste certificates, on the basis of prima facie material. However, this Court is receiving petitions, making complaints of rejection of the applications, even though there is sufficient proof, even for issuance of validation certificates. It is expected of the State Government to issue appropriate directions to the Sub-Divisional Officers.

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5 For the reasons recorded above, writ petition deserves to be allowed and the same is accordingly allowed. The Sub-Divisional Officer is directed to issue caste certificates to the petitioners, as expeditiously as possible and preferably within a period of two weeks from today.

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6 Rule made absolute in above terms. In the facts and circumstances of the case, there shall be no order as to costs.

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(A.I.S. CHEEMA, J) (R.M.BORDE, J)

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vbd

Archana Chandrakant Jamadar and Anothers v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Archana Chandrakant Jamadar and Anothers v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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