Bombay High Court

AKASH AHOK AUTI THROUGH POWER OF ATTORNEY HOLDER ASHOK SHETTI AUTIversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND ANOTHER

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE ABASAHEB D SHINDE

Holding

The Court held that the competent authority must issue a fresh tribe certificate in the prescribed format after the petitioner surrenders the original certificate.

Summary

The petitioner, Akash Ahok Auti, filed a writ petition seeking the issuance of a tribe certificate in the correct format, claiming he already possessed a certificate dated 23.05.2003 and only required a replacement. The respondent State, through the competent authority, had rejected the application as if it were a fresh request, ignoring the attached affidavit and prior certificate. The Court examined whether the rejection was justified and whether the petitioner was entitled to a fresh certificate in the prescribed form. It held that the competent authority erred in treating the application as a first-time request. Consequently, the Court ordered the petitioner to appear before the competent authority, surrender the original certificate, and directed the authority to issue a fresh certificate within two days. The writ petition was thus disposed of with specific directions for compliance.

Issues considered

Whether the competent authority erred in rejecting the petitioner's application for a replacement tribe certificate as a fresh request.
Whether the petitioner is entitled to a fresh tribe certificate in the prescribed format upon surrendering the original.

Subjects

tribe certificate
caste certificate
writ petition
administrative law
replacement certificate
competent authority

Judgment

                                    (1)
                                                     928- W.P. 2929-2026.odt
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                928 WRIT PETITION NO. 2929 OF 2026

     AKASH AHOK AUTI THROUGH POWER OF ATTORNEY HOLDER
                         ASHOK SHETTI AUTI
                                VERSUS
      THE STATE OF MAHARASHTRA THROUGH SECRETARY AND
                               ANOTHER
                                   …..
       Advocate for the Petitioner : Mr. S. M. Vibhute
       AGP for Respondent/State: Mrs. A. S. Deshmukh
                                 ….

                    CORAM :       SANDIPKUMAR C. MORE AND
                                  ABASAHEB D. SHINDE, JJ.

                    DATED :     MARCH 18, 2026

ORDER (PER ABASAHEB D. SHINDE, J):-

1.     Heard both the sides.

2.     The petitioner is merely seeking the tribe certificate in correct

format.

3.     It is being pointed out that unmindful of the request, by the

impugned order, respondent No.2 Competent Authority has rejected

the application as if he was called upon to consider the request for

issuance of a tribe certificate for the first time. It is also being pointed

out that even an affidavit dated 16.06.2025 was uploaded with the

online application expressly indicating and informing that the

petitioner was already possessing a certificate dated 23.05.2003 and it

was merely being sought to be replaced.
                                   (2)
                                                   928- W.P. 2929-2026.odt
4.     The Writ Petition is disposed of directing the petitioner to

appear before respondent No.2 within a week, surrender his original

caste/tribe certificate and respondent No.2 shall thereafter, within two

days issue him a fresh certificate in prescribed form-C.



(ABASAHEB D. SHINDE)                     (SANDIPKUMAR C. MORE)
      JUDGE                                    JUDGE




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