Deepak Narasayya Ainlod v. The State Of Maharashtra Through Its Secretary And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 922 WRIT PETITION NO.1538 OF 2023 DEEPAK NARASAYYA AINLOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER Mr.P.V.Jadhavar, Advocate for the petitioner. Mr.P.S.Patil, AGP for the respondent/State.

( CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.) DATE : FEBRUARY 8, 2023 PER COURT :

1.

This is yet another case of a spelling mistake in the name of the Tribe while issuing the Tribe Certificate. There are hundreds of such cases wherein the litigants are required to run from pillar to post for seeking correction in the typographical mistake or spelling mistake. The candidates also have to litigate in the High Court for this purpose, wasting their time, energy and money, besides unnecessarily mounting the litigation in the Court.

2.

Considering the spelling mistake in the "Mannervarlu" Schedule

- 2 - Tribe certificate issued to the petitioner, this petition is disposed off with the following directions :- [a] The petitioner shall upload an online application to respondent No.2.

[b] The original incorrect tribe certificate dated 28.05.2013 shall be delivered to respondent No.2 within 15 days.

[c] Respondent No.2 shall confirm the origin of the certificate and upon being convinced, shall issue the corrected schedule tribe certificate on or before 15.03.2023.

3.

Since we have come across hundreds of such cases, we deem it appropriate to direct the Principal Secretary, Tribal Development Department and the Principal Secretary, Social Welfare Department, State of Maharashtra to issue circulars to all the SDO's, Deputy Collectors and such Officers who are Incharge of issuing caste or tribe certificates, to ensure that there shall be no spelling mistake in the caste certificate, especially in relation to the Tribe and the caste spelling and they would match with the spellings as are set out in the presidential orders. Any such mistake found in future would render the authority issuing the said certificates, personally liable for payment of costs to the

- 3 - candidates and for rectifying the mistake.

4.

We direct the learned Registrar ( Judicial ) to serve this order on the Principal Secretaries of the concerned departments. ( SANJAY A. DESHMUKH, J. ) ( RAVINDRA V. GHUGE, J.)