Allowed

Ramesh Shankar Koli and Ors. v. the State of Maharashtra and Ors.

Bombay HC19 Nov 2024WP/14667/2024

Case brief

AI extract

What is this about?

Petitioner siblings were denied Koli Mahadev Scheduled Tribe Certificates for want of pre-1950 ancestral entries despite their father and grandfather holding such certificates, and a Committee rejected validity. The Court held strict verification is not required for grant (as opposed to validation) and quashed both impugned orders.

What did the court decide?

Impugned orders quashed; SDO to issue Koli Mahadev ST Certificates to three petitioners within 15 days; Rs.2,500 cost on Respondent No.3 and each Committee member payable to Petitioner No.1 within 30

Ramesh Shankar Koli and Ors. vs the State of… — Service and Employment | Bombay HC (2024)

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27-WP-14667-2024.odt

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2024:BHC-AS:44627-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.14667 OF 2024

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1.	Ramesh Shankar Koli, Age 56 years, Occu. Service,
2.	Sharad Ramesh Koli, Age 29 years, Occu. Education,
3.	Savita Ramesh Koli, Age 32 years, Occu. Education,
4.	Prajakta Ramesh Koli, Age 28 years, Occu. Education All R/o Shirdhon, Post, Shirol, Dist. Kolhapur	...Petitioners
	Versus
1.	The State of Maharashtra Thr. Its Principal Secretary, Tribal Development Department, Mantralaya Mumbai,
2.	The Schedule Tribe Caste Certificate Verification Committee, Pune Division, Pune
3.	The Sub Divisional Officer, Ichalkaranji Division, Ichalkaranji	...Respondents
Adv. Adv.	... Ratan L. Aade for the Petitioners T. J. Kapre, AGP for Respondent Nos. 1 to 3. ...

1 of 4

Harish

27-WP-14667-2024.odt

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

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DATE : 19^th NOVEMBER, 2024

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ORAL JUDGMENT (Per Ravindra V. Ghuge, J.) :-

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Rule . Rule made returnable forthwith and heard finally by the consent of the parties.

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This is yet one more case before us, wherein, the father of Petitioner Nos. 2 to 4 and their grand-father, have Koli Mahadev Scheduled Tribe Certificates and yet Respondent No. 3 has refused to issue the certificates to Petitioner Nos. 2 to 4 on the ground that there is no document to indicate that their ancestors have an entry of Koli Mahadev Schedule Tribe, prior to 1950. The fact that the father and grand-father of Petitioner Nos. 2 to 4, from the paternal side, have the Koli Mahadev Scheduled Tribe Certificate, has been completely ignored. Things have worsened for these Petitioners, by the decision of the Competent Caste Committee, Respondent No. 2, which has delivered an order dated 22^nd April, 2024 concluding that the Koli Mahadev Scheduled Tribe Certificate cannot be granted to Petitioner Nos. 2 to 4.

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We have considered the submissions of the learned

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Harish

27-WP-14667-2024.odt

Advocates for the respective sides and the vehement objections raised by the learned AGP. There is no dispute that Petitioner No. 1, Ramesh Shankar Koli is the father of Petitioner Nos. 2 to 4, namely Sharad, Savita and Prajakta (who are siblings). The learned Advocate for the Petitioners has placed an Affidavit dated 16^th November, 2024 executed by Petitioner No. 1 Ramesh, setting forth the family tree. The said original Affidavit is taken on record and marked ‘X’ for identification.

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It is well settled that in matters of grant of Caste or Tribe Certificates, strict verification exercise under The Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification) of Caste Certificate Act, 2000, is not contemplated. When any such person holding a Caste or Tribe Certificate approaches the Competent Committee for seeking a validity certificate, the strict test of verification scrutiny has to be made applicable. In several cases, this Court has set aside such orders which have been passed, either mechanically or without proper application of mind. Even costs have been imposed. Yet, the stream of such cases being filed in this Court, which in fact would be unnecessary litigation, seems to continue unabated.

3 of 4

Harish

27-WP-14667-2024.odt

Keeping in view that Ramesh and his father Shankar have the Koli Mahadev Scheduled Tribe Certificates, this Writ Petition is allowed . Both the impugned orders are quashed and set aside. Respondent No. 3 shall issue Koli Mahadev Scheduled Tribe Certificates, to these 3 Petitioners, with proper spelling, within a period of 15 days from today.

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The learned AGP has urged us not to impose costs. The learned Advocate for the Petitioners submits that costs have to be imposed, since, these Petitioners have been compelled to approach this Court.

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As such, we are imposing nominal cost of Rs. 2,500/- on Respondent No. 3 and also on each of the Committee members of Respondent No. 2 Committee, to be paid to Petitioner No. 1 Ramesh Shankar Koli, within a period of 30 days from today.

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Rule is made absolute in the above terms.

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(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

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Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Harish Date: 25/11/2024 10:35:53

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Ramesh Shankar Koli and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

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Ramesh Shankar Koli and Ors. v. the State of Maharashtra and Ors.

Case brief

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