1 W.P.No.6516/09 with W.P.No.6517/09. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.6516 OF 2009. Shankar S/o Datta Zinkwad, Age minor, Occ.Education, R/o At Post Kandala, Tal. Naigaon, Dist. Nanded, through power of attorney Holder, executed by father and natural guardian of the petitioner, Suresh S/o Gangaram Dubbalwar, Age 35 years, Occ.Agri., R/o Degloor, Tq.Degloor, District Nanded. ... Petitioner. Versus 1. The State of Maharashtra, through Secretary of Tribal Development Department, Mantralaya,Mumbai. 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, through its Dy.Director(R), Aurangabad. 3. The Sub Divisional Officer, Degloor, Dist.Nanded. ... Respondents. ... 2 W.P.No.6516/09 with W.P.No.6517/09. WITH WRIT PETITION NO.6517 OF 2009 Balaji S/o Datta Zinkwad, Age minor, Occ.Education, R/o At Post Kandala, Tq. Naigaon, Dist. Nanded through power of attorney Holder, executed by father and natural guardian of the petitioner, Suresh S/o Gangaram Dubbalwar, Age 35 years,Occ. Agri., R/o Degloor, Tq. Degloor, Dist. Nanded. ... Petitioner. Versus 1. The State of Maharashtra, through Secretary of Tribal Development Department, Mantralaya,Mumbai. 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, through its Dy.Director(R), Aurangabad. 3. The Sub Divisional Officer, Degloor, Dist.Nanded. ... Respondents. ... Mr.S.M.Vibhute, advocate for the petitioners. Mr.B.V.Wagh, Asstt. Govt. Pleader for Respondent Nos.1 and 3. Mr.R.P.Phatake, advocate for Respondent No.2. ... CORAM : NARESH H.PATIL & : S.V.GANGAPURWALA,JJ. Date : 28.01.2011. 3 W.P.No.6516/09 with W.P.No.6517/09. ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1. Heard. 2. Rule. Rule made returnable forthwith. With the consent of the parties taken up for final hearing. 3. The petitioners in both the Writ Petitions are real brothers. They had applied for issuance of caste certificate as belonging to "Koli Mahadev" Scheduled Tribe. The Sub- Divisional Officer, Degloor rejected the application of the petitioners. The petitioners preferred an appeal before the Scrutiny Committee. The Scrutiny Committee dismissed the appeal. Aggrieved thereby, the petitioners have approached this Court by way of present petitions. 4. Mr.Vibhute, learned counsel for the petitioners submits that petitioners had produced on record along with the application the documents such as the School record, birth 4 W.P.No.6516/09 with W.P.No.6517/09. certificate, the certificate issued by the Talathi, Police Patil, so also the caste certificate issued in favour of their grand father. All these documents consistently show the caste of the petitioner as "Koli Mahadev" but the Sub Divisional Officer, Degloor, rejected the application solely on the ground that all these are recent documents and there is no document of the year 1950 or prior thereto. Mr.Vibhute, submitted that the appellate authority also did not consider the documents and without assigning any reason dismissed the appeal. 5. Mr.Phatake, learned counsel for the Respondent supported the orders passed and submitted that there is no clinching evidence to substantiate the caste of the petitioners as "Koli Mahadev". 6. At the time of issuance of caste certificate, the authority has to be prima facie satisfied. The detail inquiry is not contemplated at the stage of issuance of caste certificate. The same is required to be done if 5 W.P.No.6516/09 with W.P.No.6517/09. the certificate is sent for verification. In the present matter the record produced by the petitioner consistently shows the caste as "Koli Mahadev". In such circumstances, there was no impediment for the authority to issue the caste certificate to the petitioners as that of "Koli Mahadev". 7. In view of the same, we quash and set aside the impugned orders and direct the Sub- Divisional Officer, Degloor to forthwith issue the caste certificate of "Koli Mahadev" to the petitioners. 8. Before we part with the judgment we would like to dialect on one aspect. One of the petitioner is in 9th standard. The other petitioner is also a School going boy. We appreciate the promptness shown by the petitioners in this case in getting the caste certificate, so that if it is referred to verification before the Scrutiny Committee, the Scrutiny Committee will have necessary time at their disposal to decide the same. We had made 6 W.P.No.6516/09 with W.P.No.6517/09. a query to Mr.Phatake, learned counsel for the Scrutiny Committee as to whether there are any Government orders mandating the Schools to forward the caste certificates for verification or whether there is any such Government order or provision, wherein it is mandatory for the Schools to refer the caste of child belonging to the reserved category for verification. Mr.Phatake, placed on record the Government Resolution dated 3l.7.2008, which lays down that the proposals received by the institutions where the students are studying or prosecuting any courses at the graduation level so also after having passed 10th standard have taken admission in technical or professional courses to submit the proposals after having received the same from the students to the Committee. 9. We have perused the said Resolution. The said Resolution gives guidelines for verification of the caste certificates after the student had passed 10th standard examination and has taken admission in technical, professional and other courses. There are large number of 7 W.P.No.6516/09 with W.P.No.6517/09. cases pending and huge backlog with the Scrutiny Committees, at the same time there are very few Committees available for deciding the same. The Committee does not have sufficient time at its disposal to decide the said proceedings within a reasonable time. The Committee is a quasi judicial body who has the powers of recording the evidence. The Members of Committee have to apply their mind and are required to make a thorough investigation regarding the genuineness of the claim of the petitioner. The students require the validity certificate for prosecuting their further studies. Many times the proceedings are not decided at the time when the student has to take admission in professional and other courses. 10. This Court on number of occasions earlier has taken cognizance of the large pendency of cases and few Committees to decide the same. Large number of Writ Petitions are filed in this Court seeking directions against Scrutiny Committees for early disposal of their cases. To avoid such a situation, we suggest that the Government should consider issuing an 8 W.P.No.6516/09 with W.P.No.6517/09. order or making a provision which would mandate the Management of all the Schools and institutions wherein a child takes the admission for the first time in primary Section or at the most Secondary Section and records his caste as belonging to reserved category, to refer the caste of the petitioner to the Scrutiny Committee for verification, so that the Committee will have ample time at its disposal to decide the same. The child derives the caste from his father. It is the father who would lead the evidence. By making such a provision or issuing a Government Resolution to that effect, the same would facilitate the Committee to decide the proceedings and make a thorough investigation, so also, a student would know before hand about the status of his caste and whether he would be getting the benefit available to a student from reserved category. We hope and trust, the Government would take appropriate steps in this regard. 11. Rule is made absolute. However, there 9 W.P.No.6516/09 with W.P.No.6517/09. shall be no order as to costs. (S.V.GANGAPURWALA,J.) (NARESH H.PATIL,J.) asp/office/wp651609