Patil & ANR Vs. Add1. Commnr., Tribal Development, Thane & Ors  INSC
470 (28 April 1997)
RAMASWAMY, D.P. WADHWA
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.
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).
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.
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.
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.
Application is accordingly ordered. No. costs.