V.G. Bisht JUDGMENT
Sambhaji Shiwaji Shinde, J.
1. Rule. Rule made returnable forthwith and heard with the consent of learned counsel appearing for the respective parties.
2. By this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the order dated 25.05.2018 passed by respondent no. 2 committee thereby invalidating the caste certificate of the petitioner as belonging to Tokre Koli which is notified as Scheduled Tribe under SC/ST (Amendment) Act, 1976 for the second time.
3. It is the case of the Petitioner that he by birth belongs to Tokre Koli tribe which is recognised as Scheduled tribe by the SC/ST Orders (Amendment) Act, 1976. The tribe claim of the father of the petitioner was subjected to detail and elaborate scrutiny at the hands of the Caste Scrutiny Committee constituted under Government Resolution dated 29.10.1980. The said Scrutiny Committee initially invalidated the caste certificate of father of the petitioner by an order passed in the year 1983. Being aggrieved, the father of the petitioner filed substantive appeal as provided before the then appellate authority of exclusive jurisdiction. After hearing both sides, the appellate authority passed the order on 4th February 1983 thereby adjudicating the tribe claim of father of the petitioner and thus allowed the appeal by setting aside the decision of the scrutiny committee. Thereafter, the tribe claim of uncle of the petitioner by name Shri. Vijaysing Amarsing Shirsath was also subjected to detailed and elaborate inquiry by the scrutiny committee constituted under Section 6(1) of Caste certificate Act, 2001. The scrutiny committee at Nasik after conducting school and home enquiry through vigilance cell passed an order dated 28th March 2005 thereby validating the tribe claim of the real uncle of the petitioner from paternal side. The said caste scrutiny committee, Nasik pleased to issue caste validity certificate in the prescribed form 'G' to the said real uncle of the petitioner.
It is the case of the Petitioner that he was granted caste certificate initially by the Deputy Collector, CFC, Pune on 26.08.2005. The said caste certificate was referred to Respondent No. 2 Committee for verification through SSTNS Base School and Jr. College, Kenedy Road, Pune-1. However, the Respondent No. 2 committee passed an order dated 21.01.2012 holding that the said caste certificate granted to the petitioner by the Deputy Collector, Pune is not in prescribed format and therefore, cancelled and confiscated the same with liberty to the petitioner to obtain fresh caste certificate in form 'C. Accordingly, the petitioner again approached the Deputy Collector, CFC, Pune and after considering the merits of the case and after holding due enquiry, Deputy Collector, CFC, Pune issued caste certificate to the petitioner on 16.04.2012. The petitioner himself again referred the caste certificate to Respondent No. 2 Committee for verification on 05.07.2012 alongwith relevant documents. In the year 2011, he sought admission in the B.Sc. (Agriculture) degree course in the Navalbhau College of Agriculture, Jailer Road, Amalner Dist. Jalgaon. The said college by a letter dated 5.12.2011 also forwarded the application of the petitioner for verification of his caste certificate along with other documents to Respondent No. 2-Committee. Since the admission of the Petitioner in B.Sc. (Agriculture) degree course was apprehended, he was constrained to file Writ Petition No. 7921 of 2015 in this Hon'ble Court. The said writ petition came to be disposed of on 14.08.2015 with direction to Respondent No. 2-Committee to decide tribe claim of the petitioner expeditiously and pass an ........