NILLAPPA MANGLESHWAR UMBARJE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Respondents waive service. By consent of the parties taken up for hearing forthwith.

(2.) The petitioner claims to belong to Mahadeo Koli Tribe, which is recognized as Scheduled Tribe under the Presidential Notification issued under Article 342(1) of the Constitution of India. The 1st respondent is the Secretary, Tribal Development Department, State of Maharashtra. The 2nd respondent is the Scheduled Tribe Scrutiny Committee ("the Scrutiny Committee" for short). The 3rd respondent is the Sub Divisional Officer, who granted caste certificate to the petitioner.

(3.) It is necessary to begin with the facts of the case. The petitioner was granted caste certificate dated 20/10/05 by the 3rd respondent certifying that he belongs to Koli Mahadeo tribe which is recognized as Scheduled Tribe under the Constitution (Scheduled Tribe) Order, 1950. Being a student the petitioner was required to submit caste certificate for prosecuting higher studies after passing XIIth Standard examination. He, therefore, moved the Scrutiny Committee on 5/3/07 through his Junior College namely Sangameshwar College, Solapur, seeking verification of his caste certificate dated 20/10/05. According to the petitioner he filed 9 documents of pre-Constitutional period and 16 caste validity certificates granted to his blood relatives from paternal side.