Madhav Shivajirao Deshatwad Through Father Shivaji Mahajan Deshatwad v. The State Of Maharashtra And Another

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1482 OF 2019 MADHAV S/O. SHIVAJIRAO DESHATWAD

VERSUS

THE STATE OF MAHARASHTRA AND ORS.

WITH WRIT PETITION NO. 1484 OF 2019 MAHESHWARI D/O. MADHAVRAO YADPALWAR & ANR.

VERSUS

THE STATE OF MAHARASHTRA AND ORS.

WITH WRIT PETITION NO. 1485 OF 2019 RAJESHWAR S/O. PIRAJI KOLOD

VERSUS

THE STATE OF MAHARASHTRA AND ORS.

WITH WRIT PETITION NO. 1533 OF 2019 ARCHANA D/O. PRAKASH MITKE

VERSUS

THE STATE OF MAHARASHTRA AND ORS.

WITH WRIT PETITION NO. 1534 OF 2019 TEJAS S/O. LAXMAN KOLOD & ORS.

VERSUS

THE STATE OF MAHARASHTRA AND ORS.

( 2 ) Mr.S.M. Vibhute, Advocate for the petitioners. Ms.R.P. Gaur, AGP for respondent/State.

CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

04.02.2019 P.C. :- 1.

As an identical issue is involved in these petitions, the petitions are taken up together for disposal.

2.

The facts which are not in dispute are that the petitioners are students and prosecuting their studies in various courses. The petitioners belong to Mannervarlu - Scheduled Tribe and are possessing tribe certificates, but as these certificates refer to an erroneous spelling i.e. instead of "Mannervarlu", word "Mannerwarlu" is referred to in the certificates. The State Government considering this very issue, issued Government Resolution dated 22.06.2016 and directed all the competent authorities in the State of Maharashtra to issue caste certificate to the candidates in the prescribed format.

( 3 ) It is also directed that the competent authority may obtain earlier certificates from the candidates, which might have been issued as per the Rules of 2003, but referring to erroneous nomenclature, the competent authorities are further directed to issue proper certificates to these candidates in the prescribed format referring to the tribe and its numbers.

3.

Learned Counsel for the petitioners then submitted that various orders are also passed by the Division Bench of this Court directing the competent authorities to issue certificates to the candidates. These petitioners have approached the Sub-Divisional Officer by submitting applications for issuance of certificate with corrected reference to the scheduled tribe as Mannervarlu, in the prescribed format. Learned Counsel invited our attention to the order of the Division Bench in Writ Petition No.12472 of 2018. Mr. Vibhute, learned Counsel submitted that the petitioners on the line of order dated 27.11.2018 undertake to tender

( 4 ) on-line application to the Sub-Divisional Officer for issuance of tribe certificate. Learned Counsel Mr. Vibhute submitted that petitioner - Maheshwari Madhavrao Yadpalwar had already submitted application through online process on 27.11.2018 for fresh consideration by the authority and to avoid rider of earlier application, petitioner - Maheshwari would submit fresh on-line application against to the Sub-Divisional Officer for issuance of tribe certificate.

4.

On tendering of application as well as presenting of hard copy of the application along with tribe certificate already issued to the petitioner with entry as "Mannerwarlu", the Sub-Divisional Officer without embarking upon further inquiry into the matter, shall issue corrected certificate recording name as "Mannervarlu" as expeditiously as possible, preferably, within four weeks from the date of tender of the application.

( 5 ) 5.

With these directions, the writ petitions are disposed of.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] snk/2019/FEB19/wp1482.19