Ameya Purushottam Charude v. State Of Maharashtra Through Secretary, Tribal Development Dept. And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.216 OF 2020 Ameya Purushottam Charude ...

Petitioner versus State of Maharashtra and Ors.

...

Respondents Mr.C.K.Bhangoji i/b Mr.R.K.Mendadkar for the Petitioner.

Mr.B.V.Samant-AGP for State.

CORAM :- S. C. DHARMADHIKARI & R.I.CHAGLA, JJ.

DATE :- JANUARY 24, 2020 P.C. :- 1.

The only grievance in this petition under Article 226 of the Constitution of India and noted in our previous order is, whether a certificate of validity issued in favour of the petitioner, copy of which is at Exhibit 'A' page 11 of the paper-book, can be worded as done by the Scrutiny Committee. That certificate of validity reads as under :

"Government of Maharashtra Tribal Development Department Tribal Research & Training Institute, Maharashtra State, Pune Scheduled Tribe Certificate Scrutiny Committee Nashik Division Nashik Photo Sr.No.65158

Certificate Of Validity Case No.3/516/Edu/082018/120787 Date : 09 Aug 2018 After considering the documents and associated facts, it is certified that Shri/Smt/Kum/ AMEYA PURUSHOTTAM CHARUDE belongs to the Koli Mahadev (29), Scheduled Tribe. Therefore, his/her Scheduled Tribe Certificate bearing No.ST/1004/2010 dated 26 Jul 2010 issued by Collector/Sub Divisional Officer/Deputy Collector/ Executive Magistrate DEPUTY COLLECTOR EGS NASHIK District Nashik is held VALID by Scrutiny Committee.

Conditional Validity- This Validity is given as per interim Order of CVC Nashik dated 9/8/18 and is Considered equal to regular Validity for a Period of 2 Years or any Final Order Whichever is earlier.

Sd/- (Name : P.B. Pol) (Member Secretary & Dy. Director (Research)"

2.

Mr.B.V.Samant, learned AGP, on instructions, says that this Scrutiny Committee has realised its mistake and that the certificate of validity, after deleting the offending portion, would be issued within one week from today.

3.

Mr.Samant says that the following sentence from the certificate of validity issued to the petitioner would stand deleted. "Conditional Validity- This Validity is given as per interim Order of CVC Nashik dated 9/8/18 and is Considered equal to regular Validity for a period of 2 Years or any Final Order Whichever is earlier."

4.

Since the corrected certificate of validity would be issued within one week from today as stated by the learned AGP and we have accepted his statement as an undertaking given to this Court, the writ petition does not survive. It is disposed of. There would be no order as to costs.

5.

Copy of the letter received by Mr.Samant is taken on record and marked as 'X' for identification.

(R.I.CHAGLA, J.) (S.C.DHARMADHIKARI, J.)