RAMESH BHOJRAJ MATE Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by consent of the parties.

(2.) The only reason why respondent no.3-Committee has returned the application of the petitioner for validity of his caste certificate is that the application was not in accordance with the prescribed form i.e. the same was not accompanied by original caste certificate.

(3.) We are of the opinion that the application for validity cannot be returned in this fashion mechanically without considering the reason which a candidate may have for not producing the original caste certificate. In fact, Rule 3 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003, provides for procedure for obtaining Scheduled Tribe certificate from the competent authority, though it does not specifically deal with the question of production of original caste certificate vide sub rule 4 provides as follows: