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Priti Venkatrao Kaurwad v. the State of Maharashtra and Others

Bombay HC19 Dec 2017WP/6682/2017

Case brief

AI extract

What is this about?

The High Court at Aurangabad was petitioned by the petitioner whose tribe certificate was cancelled as it was issued without territorial jurisdiction because the petitioner resides in Maharashtra. The court quashed the impugned order cancelling the certificate, directed the Committee to decide the validation proceedings on merits within nine months, and permitted the petitioner to continue studies

What did the court decide?

The impugned judgment and order quashing the tribe certificate is quashed and set aside; the Committee is directed to decide the validation proceedings on merits within nine months.

Priti Venkatrao Kaurwad Vs the State of… — Pension and Retirement Benefits | Bombay HC (2017)

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1 W.P.No.6682/17

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD.

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WRIT PETITION NO.6682 OF 2017

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Priti Venkatrao Kaurwad

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... Petitioner.

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Versus

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The State of Maharashtra and others. ... Respondents.

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Mr.P.V.Jadhavar, advocate for the petitioner. Mr.A.V.Deshmukh, A.G.P. for the State. Mr.A.V.Hon, advocate for Respondent No.5.

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CORAM : S.V.GANGAPURWALA AND V.L.ACHLIYA,JJ.

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Date : 19.12.2017.

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PER COURT :

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Mr.Jadhavar, learned counsel submits

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that the tribe certificate of Mannervarlu - Scheduled Tribe issued to the petitioner by S.D.O., Latur is confiscated and cancelled by the Committee on the ground that petitioner is a permanent resident of Ambulga, Taluka Mukhed, District Nanded and the S.D.O., Latur, had no jurisdiction to issue the said certificate.

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2 W.P.No.6682/17

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Learned counsel submits that the father of petitioner was issued tribe certificate by Tahsil Mukhed and the father of the petitioner was also issued certificate of validity on 7.2.2003.

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petitioner is a resident of Taluka Mukhed, as such S.D.O., Latur did not have jurisdiction to issue the tribe Certificate.

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The father of the petitioner is issued with the tribe certificate by Tahsil Mukhed and the tribe certificate is also validated by the Committee. In view of Rule 5(2)(b) of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003, if the father or the grand father is issued with the tribe certificate by competent Officer of one District then the tribe certificate can be issued to the son by the competent authority at the place where he resides or has migrated.

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3 W.P.No.6682/17

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In light of the above, the impugned judgment and order is quashed and set aside. The Committee shall decide the validation proceedings in respect of the tribe claim of the petitioner on merits after considering all the relevant aspects expeditiously, preferably within nine (9) months. The petitioner shall appear before the Committee on 4.1.2018.

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The Respondent Nos.5 and 6 shall not refrain the petitioner from prosecuting further studies only on the ground that validation proceeding is pending. Of-course, the Respondent Nos.5 and 6 can take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceedings.

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The Writ Petition is accordingly disposed of. No costs.

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asp/office/wp6682.17

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(V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.)

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4 W.P.No.6682/17

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5 W.P.No.6682/17

Priti Venkatrao Kaurwad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Priti Venkatrao Kaurwad 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

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Parties & counsel

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