Sushila Ramlu Konkatwar v. Scheduled Tribe Certificate Scrutiny Committee Auarangabad And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 WRIT PETITION NO.2872 OF 2021 SUSHILA RAMLU KONKATWAR

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AUARANGABAD AND ANOTHER ...

Advocate for Petitioner : Mr Shinde Digambar B AGP for Respondents State: Mrs P V Diggikar

CORAM

: S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE : 16th February, 2021.

ORDER:

1.

This petition is taking exception to the decision rendered by the Scrutiny Committee directing invalidation of Tribe Certificate issued to the petitioner as belonging to "Mannervarlu" Scheduled Tribe on technical ground of occurrence of spelling mistake in recording name of the Tribe in the Certificate issued to the petitioner by the Sub- Divisional Officer. 2.

The issue raised in the instant matter is no more res integra and is covered by the decision rendered in Writ Petition no. 6263 of 2017 and other companion matters. For the reasons recorded in the judgment referred to above, instant petition also deserves to be allowed and the same is accordingly allowed.

3.

The order impugned in the petition stands quashed and set aside. The Scrutiny Committee is directed to return the original Tribe Certificate produced by the petitioner before it, within four weeks from today. The petitioner shall tender an undertaking to the Scrutiny Committee that he would approach the concerned competent authority for ratifying the

spelling mistake occurred in recording name of the Tribe and shall produce corrected certificate within a period of eight weeks from the date of receipt of the original certificate. The petitioner shall approach the concerned SubDivisional Officer for recording corrections in the certificate already issued to him. The concerned Sub Divisional Officer shall issue corrected certificate within a period of four weeks from the date of approach of the petitioner, without embarking upon further enquiry in the matter. On receipt of corrected certificate, same shall be produced before the Scrutiny Committee within a period of four weeks from the date of receipt.

The Scrutiny Committee shall thereafter proceed to decide the claim of the petitioners for validation of the Tribe Certificate and render decision on the proposal within a period of one year from the date of receipt of corrected certificate together with the proposal. It would be open for the petitioner to tender the corrected certificate and the proposal directly to the Scrutiny Committee and the Scrutiny Committee shall entertain the same. 4.

Writ petition is accordingly disposed of. There shall be no order as to costs.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.) JPC