Disposed

Yash Suresh Pakalwad through Father Suresh Ramkishan Pakalwad v. the State of Maharashtra and Others

Bombay HC11 Feb 2019WP/1854/2019

Case brief

AI extract

What is this about?

High Court of Bombay directed a specific procedure for the petitioner to obtain a Scheduled Tribe certificate and validity certificate, while directing the third respondent to accept verification proposals directly from the petitioner and prevent adverse action pending verification.

What did the court decide?

Directio ns issued for issuance of St certificate and validity certificate; prohibition on adverse action by institutions; directions to Scrutiny Committee to accept proposal directly.

Yash Suresh Pakalwad through Father Suresh… — Pension and Retirement Benefits | Bombay HC (2019)

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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.1854 OF 2019

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Yash Suresh pakalwad,
Age-Minor, Occu:Student,
Under Guardianship of Father
Suresh Ramkishan Pakalwad,
Age-48 years, Occu:Service,
R/o-At Post-Islampur,
Tq-Kinwat, Dist-Nanded.

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...PETITIONER

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 VERSUS

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1) The State of Maharashtra, Through its Secretary,

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Tribal Development Department, Mantralaya, Mumbai-32,

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2) The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Member Secretary,

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3) The Sub-Divisional Officer, Kinwat, Tq-Kinwat, Dist-Nanded.

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...RESPONDENTS

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...

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 Mr.M.A. Golegaonkar Advocate for Petitioner.
 Mr.S.Y. Mahajan, A.G.P. for Respondents.

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...

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CORAM: S.S. SHINDE AND

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 R.G. AVACHAT, JJ.

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 DATE : 11TH FEBRUARY, 2019

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ORDER :

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1.Heard learned counsel appearing for the

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Petitioner and learned A.P.P. appearing for the
Respondents.

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2.The issue involved in the present Writ
Petition is no longer res-integra and is decided
by this Court vide order dated 14th August, 2014 in
Writ Petition No.4536 of 2014 and other connected
Writ Petitions.

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3.In view of the above, we also follow the

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same course.

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4.The view taken by the Scrutiny Committee
deserves to be upheld. However, in the facts and
circumstances, we proceed to issue certain
directions in addition to the directions issued by
the Scrutiny Committee as follows:-

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(a) The Petitioner, in this Petition, may
approach the concerned Scrutiny Committee
for issuance of photostat copy of the
caste/tribe certificate produced by him
for verification, within a period of four
months from today. The Scrutiny
Committee,onreceiptofsuch
application,issueattested/
authenticated copy of the caste/tribe
certificate produced by the Petitioner
for verification to the Committee.

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(b) The Petitioner, on receipt of
photostat copy of the caste/tribe
certificate, shall approach the concerned
SubDivisionalOfficer/competent
authority with an application for
issuance of caste/ tribe certificate
within a period of six weeks, thereafter.

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(c) In the event earlier caste
certificate had been issued by the
Executive Magistrate, it would be open
for the Petitioner to tender an
application to the Sub Divisional Officer
of the concerned Division and such
officer shall entertain the application
and shall issue caste certificate in the

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prescribedproformaonverifying
attested/ authenticated photostat copy of
the earlier caste certificate.

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(d) The concerned Sub Divisional Officer/
Competent Authority, on receipt of the
application by Petitioner, together with
attested/ authenticated photostat copy of
the caste/ tribe certificate issued
earlier, shall proceed to issue caste/
tribe certificate in prescribed proforma
certifying that Petitioner belong to
“Mannervarlu”, Scheduled Tribe. The Sub
Divisional Officer/ Competent Authority
shall issue certificate within a period
of four weeks from the date of receipt of
the application.

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(e) On receipt of Tribe Certificate,
Petitioner shall approach the concerned
Scrutiny Committee with a proposal in
prescribed proforma requesting the
Scrutiny Committee to verify the Tribe
Certificate and consider the application
for issuance of validity certificate. The
Petitioner shall approach the Scrutiny
Committee within a period of eight weeks
from the date of receipt of the caste

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certificate from the competent authority.

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(f) On receipt of the proposal from the
Petitioner, the Scrutiny Committee shall
proceed to verify the caste/tribe
certificate and take appropriate decision
after following procedure prescribed
under law in respect of issuance of
validity certificates, as expeditiously
as possible, preferably within a period
of one year from the date of receipt of
the proposal/ application.

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(g) The Scrutiny Committee shall accept
the proposal directly and shall not
refuse to accept the proposal on the
ground that same has not been routed
through proper channel, either employer
or educational institution.

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(h)Theconcernededucation
institution/college/ or the employer
shall not take any adverse action against
the Petitioner only on the ground of his
failure to produce validity certificate
and further appropriate action can be
taken only subject to result of
verification claim, which would be lodged

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before the Scrutiny Committee, in
accordance with the directions issued in
this order.

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5.The Writ Petition stands disposed of,

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accordingly. No costs.

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[R.G. AVACHAT, J.] [S.S. SHINDE, J.]

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asb/FEB19

Yash Suresh Pakalwad through Father Suresh Ramkishan Pakalwad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Yash Suresh Pakalwad through Father Suresh Ramkishan Pakalwad 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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