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2011 DIGILAW 1177 (BOM)

Ramesh Bhojraj Mate v. Divisional Controller, Nagpur

2011-09-22

M.N.GILANI, S.A.BOBDE

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S.A. BOBDE, J.:- Rule. Rule returnable forthwith. Heard ftnal1y by consent of the parties. 2. The only reason why respondent no.3-Committee has returned the application of the petitioner for validity of his caste certificate is that the application was not in accordance with the prescribed form i.e. the same was not accompanied by original caste certificate. 3. We are of the opinion that the application for validity cannot be returned in this fashion mechanically without considering the reason which a candidate may have for not producing the original caste certificate. In fact, Rule 3 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification at) Certificate Rules, 2003, provides for procedure for obtaining Scheduled Tribe certificate from the competent authority, though it does not specifically deal with the question of production of original caste certificate vide sub rule 4 provides as follows: "3. Procedure for obtaining Scheduled tribe certificate from the Competent Authority. (1) ..... (2) ..... (3) ..... (4) If the applicant is unable to produce any one or more of the documents mentioned in clauses (a) to (t), in such cases, the applicant shall state reasons therefor in his affidavit and the Competent Authority may consider the same and after conducting enquiry as he deems fit, shall decide the claim on merit." We are of the view that there is no reason why the same procedure should not be followed in respect of original caste validity certificate having regard to the purpose of the Act and the Rules. It may be noted that even in the proceedings before a Court of Law, there is a procedure prescribed for admission of secondary evidence If the circumstances of the case justify. 4. In the circumstances, we direct that the petitioner shall file an affidavit, directly or through his employer, explaining the reason why he is not in a position to produce the original caste certificate and the Committee may consider whether certificate produced by him may be considered for the purposes of deciding the question of validity of his caste certificate. The petitioner may submit a duplicate of the caste certificate in accordance with rules along with affidavit, which may also be considered by the Committee. , Rule made absolute in the above terms. No order as to costs. Ordered accordingly.