HARSHADA MOTILAL KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties, heard finally at the stage of admission.

(2.) By this petition under Article 226 of the Constitution of India, the petitioners have approached this court with following prayer :

(3.) The mother of petitioners had filed two applications along with necessary documents under Section 3 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") before respondent no.3 for issuance of Caste Certificates in favour of the petitioners. However, respondent No.3 refused to decide the aforesaid applications by giving perverse and erroneous reasons. According to the petitioners, aggrieved by the orders passed by respondent No.3, the petitioners preferred an appeal before respondent No.2 under Section 5 of the Act. But instead of simply examining whether there was sufficient prima facie material produced before respondent No.3 to enable it to issue a Caste Certificate, the Appellate Authority directed the Vigilance Cell to conduct an enquiry into the case and after hearing the parties, passed impugned order on 4th January, 2020 dismissing the appeal filed by the petitioners.