MONIKA SUNIL SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner challenges an order dated 20th July, 2018 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nashik, in exercise of powers conferred by 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, 2001 (hereinafter referred to as "the Maharashtra Act XXIII of 2001").

(2.) This writ petition has been moved in extreme urgency, according to the petitioner's counsel Mr. Mendadkar. When it was mentioned yesterday, it is solemnly stated by Mr. Mendadkar and in the presence of his client or her guardian that in this case, the petitioner had sought the caste validity certificate because she was desirous of seeking admission in the ongoing admission process (2018-19) and against a reserved seat. The petitioner is aged 19 years and residing in District Ahmednagar. She claimed a certificate of validity by stating that she is possessing a caste/tribe certificate issued by the competent authority.

(3.) When the caste certificate is being relied upon so as to claim benefit or concession meant for Scheduled Caste or Scheduled Tribe, it is incumbent upon the candidate to then produce a certificate of validity which is granted in terms of the Maharashtra Act XXIII of 2001, after a scrutiny and verification of the underlying claim. By that process, the State ensures that the benefit is not snatched or taken away by persons, who do not belong to that tribe or caste.