AKSHAY Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) Heard learned advocate for the petitioner as also the learned A.G.P., finally.

(2.) The petitioner claims to be belonging to 'Munnervarlu' scheduled tribe and has been seeking a certificate to that effect from the competent authority under the provisions of 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 and the rules framed thereunder (hereinafter 'the Act'). He is aggrieved by the order passed by the competent authority Kinwat, dtd. 29/12/2021 refusing to grant him the certificate and even the judgment and order passed by the Scheduled Castes, Scheduled Tribes Scrutiny Committee, Kinwat whereby it has dismissed his appeal.

(3.) The learned advocate Mr. Thorat for the petitioner submits that he requires the tribe certificate for education purpose for securing admission to the professional course from a reserved seat. An innocuous request was made to the respondent No. 2-Competent Authority which rejected his application on untenable grounds and the error has perpetuated up to the appellate authority-respondent No. 1, which has dismissed his appeal. Even at such preliminary stage, the petitioner was expected to lead proof when a prima facie opinion was supposed to be recorded as has been consistently held by this Court in catena of orders like Rahul Ashok Satlawar Vs. Deputy Director (Research) and Member Secretary and another, Writ Petition No. 14069 of 2019 dtd. 30/1/2020, Akash Govindrao Chinmalwar Vs. The State of Maharashtra and others, Writ Petition No. 4151/2010 dtd. 13/7/2011 and the recent decision based on these two earlier decisions, in the matter of Rupali d/o Subhash Haidalwar Vs. Deputy Director (Research) and Member Secretary and another in Writ Petition 782/2023 dtd. 21/3/2023 to which one of us ( S. G. Chapalgaonkar, J.) was a party.