DR. MANISHA D/O TOTARAM PATIL Vs. STATE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent

(2.) The petitioner is a student, who has obtained a Scheduled Tribe Certificate regarding her Halba tribe status under Section 4 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (hereinafter referred to as 'the Act, 2000 ' for short). The petitioner has secured her admission to B.D.S. Course in open category. The petitioner submitted an on-line application on 11/02/2020 to the respondent-Committee for seeking verification of her Scheduled Tribe Certificate. While the online application was accepted, according to the petitioner, the physical application was refused to be entertained by the respondentCommittee. No written communication of refusal has been issued to the petitioner by the respondent. But, according to the petitioner, it is the fact that the respondent has closed the chapter of scrutiny of her caste/tribe certificate, as of now.

(3.) The respondent has filed reply in the matter and the respondent does not dispute the fact that it has refused to entertain the application of the petitioner seeking verification of her tribe claim. The respondent has taken us to the provisions made under Sections 3 and 6 of the Act, 2000. The respondent submits that since the petitioner is not claiming any benefit of reservation while under going education in B.D.S. Course in open category, the respondentCommittee would have no jurisdiction under Sections 3 and 6 of the Act, 2000 to entertain and decide the application. The learned Assistant Government Pleader submits that the petitioner has not clarified in the petition also as to, whether or not in future she is going to avail of the benefit of her tribe status in any public employment or for some other purpose.