VAISHALI ATMARAM SURYAWANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel appearing for the Parties. Rule. By consent. Rule made returnable forthwith. Respondents waive service.

(2.) It is the claim of the Petitioner that she belongs to Scheduled Tribe category i.e. Tokare Koli. The caste certificate in favour of the father of the Petitioner was issued by the Taluka Executive Magistrate, Chopada. However, in the year 2001, the Sub-Divisional Officer, Amalner Division Amalner, initially refused to issue caste certificate in favour of the Petitioner. Aggrieved by the said order, the Petitioner filed an appeal before the Committee for Scrutiny and Verification of Tribe Claim, Nashik Division, Nashik. The said appeal came to be rejected. Against the rejection of the said Appeal, a Writ Petition No.5915 of 2002 was filed in this Court, which came to be disposed of by an order dated 17th June. 2002. In furtherance to the order of the Court, the Appeal of the Petitioner was allowed by the Appellate Authority and it directed the Sub-Divisional Officer to issue Caste Certificate in favour of the Petitioner and thereafter the Sub-Divisional Officer, Amalner issued caste certificate to the Petitioner. Thereafter, the college in which the Petitioner had taken admission submitted the Tribe Claim of the Petitioner for validity before Respondent No.2-Committee. Respondent No.2-Committee was requested to issue validity certificate but the Petitioner could not get validity certificate. However, in the meanwhile, the Petitioner completed her graduation and was searching for the service at various places, such as Bank examination, Educational Society's, etc. The college in which the Petitioner had taken admission had taken an undertaking from the Petitioner that if the Petitioner did not produce caste validity certificate within three months her admission would stand cancelled. In these circumstances, the Petitioner approached this Court by filing Writ Petition No.6476 of 2005 seeking directions to Respondent No.2-Committee to decide her caste claim within stipulated period. Vide order dated 25th April, 2008, this Court allowed the said Writ Petition and directed Respondent No.2-Committee to decide the caste claim of the Petitioner within a period of two months. The said Order reads as under :

(3.) Respondent No.2- Committee despite the orders of the Court did not decide the caste claim of the Petitioner. The Petitioner claims that she was selected for the post of Clerk Typist (English) in General Administration Department, Mantralaya, Mumbai, and was even selected for the employment in Class-Ill category in Co- operative Department in the office of Divisional Deputy Registrar, Co-operative Societies (Auditor), Aurangabad, in the Scheduled Tribe Category but she could not take any of the employments because of non-availability of the caste validity certificate due to the inaction on the part of the Respondent No.2-Committee and, therefore, she was compelled to file the present Petition.