PETITIONER: KUM. MADHURI PATIL & ANR. Vs. RESPONDENT: ADD1. COMMNR., TRIBAL DEVELOPMENT, THANE & ORS. DATE OF JUDGMENT: 28/04/1997 BENCH: K. RAMASWAMY, D.P. WADHWA ACT: HEADNOTE: JUDGMENT:
O R D E R
This application has been filed to recall the judgment
giving various directions; and to substitute in their place
the directions sought for in the prayer clause of the
application.
As regards the first prayer to recall the order dated
September 2, 1994 with regard to the grant of the caste
certificates, We do not think that it is advisable to recall
the order for the reason that this court had deliberated
upon the issue and entrusted the power to issue
certificates of social status to a higher officer, namely,
sub-Divisional officer, who is expected to objectively go
into the question and grant or refuse to grant social status
certificates. Accordingly, we reject prayer (a).
As regards prayer (b) read with direction No.(iv) of
the order of this court, we too appreciate the inconvenience
caused due to vast area of the State. Therefore, instead of
one committee of three officers, there will be three
scheduled Tribe Caste scrutiny committees comprising of five
members with quorum of three members, as suggested in
paragraph 4 of the directions, to take a decision. At Pune,
Nasik and Nagpur, six caste scrutiny committees for SCs.,
Denotified Tribes, Nomadic Tribes, other Backward Classes
and the special Backward category in existence at Mumbai,
Pune, Nasik, Aurangabad, Amravati and Nagpur would continue
to scrutinise the certificates issued by the respective
officers and take decision in that behalf. In this regard,
it is also suggested by Shri Dholakia , learned senior
counsel for the applicant that in case any certificate has
been wrongfully refused by the certificate issuing
authority, the aforestated committees also would go into the
question and decide in that behalf, whether refusal was
wrongful and in case it finds that the refusal was wrongful
and in case it finds that the refusal was wrongful, they are
at liberty to direct the authority to grant the certificate.
With regard to prayer (c) also, we feel that the Caste
Scrutiny Committees for social welfare, Cultural Affairs and
sports Department should comprise of Additional
Commissioner (Revenue) -Chairman of the concerned Revenue
Division; Divisional social Welfare officer-Member; and
Research officer as a Welfare officer-Member; and Research
officer as a Welfare officer-Member-Secretary to function in
that behalf.
With regard to prayer (d), along with the vigilance
cell, one Research Officer/Tribal Development or social
Welfare officer would be associated in finding the social
status of eligibility of the officers.
The Application is accordingly ordered. No. costs.
