Pranav Jairam Bastewad Through Father Jairam Nagoba Bastewad v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2276 OF 2019 Pranav s/o Jairam Bastewad, Age: 17 years, Occ: Student, Through Natural Guardian i.e.

Father - Jairam s/o Nagoba Bastewad, Age: 50 years, Occ: Service, R/o. Nath Nagar, Hanumanggadh, Nanded, Tq. and Dist. Nanded ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32 2.

Joint Director and Member, Scheduled Tribe Certificate Verification Committee, Aurangabad, Dist. Aurangabad 3.

The Sub Divisional Officer, Bhokar, Tq. Bhokar, Dist. Nanded.

..RESPONDENTS Mr Chandrakant R. Thorat, Advocate for petitioner; Mr V.S. Badakh, A.G.P. for respondent/State CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 1st MARCH, 2019

(2) ORAL ORDER :

Heard Mr. Thorat, learned Counsel appearing for the petitioner.

2.

As very limited grievance is raised before us, the petition is taken for final disposal at admission stage. Issue notice to the respondents, returnable forthwith.

Learned A.G.P. waives service of notice for all respondents.

3.

Learned Counsel for the petitioner invited our attention to the copy of caste certificate issued in favour of the petitioner placed on record at Exhibit-A. He further submitted that this certificate refers to social status of the petitioner that he is belonging to 'Mannerwarlu, scheduled tribe' and there is an error in the nomenclature and in stead of word 'w' in 'Mannerwarlu', it ought to have been word 'v' in 'Mannervarlu'. The claim for validation was forwarded to the Scrutiny Committee through Head Master, Kusumtai Higher Secondary School, CIDCO, Nanded on 21st January, 2019, wherein the

(3) petitioner is prosecuting his studies. Finding error in the caste certificate, the petitioner approached to the Scrutiny Committee for necessary correction but the Committee expressed its inability.

4.

Learned Counsel for the petitioner submits that this issue was considered by this Court in bunch of petitions. The copy of the order of the Division Bench of this Court in Writ Petition No. 2041 of 2017 and others, dated 14th February, 2017 is placed on record at Exhibit-G in support of his submissions. Learned Counsel also submits that the petitioner will file appropriate application before respondent No. 3 - Sub Divisional Officer, Bhokar for issuance of fresh certificate with correct nomenclature. The petitioner will also submit application by way of on line process and also will maintain hard copy of the application. Learned Counsel, thus, prays for directions to respondent No.3 - Sub Divisional Officer, Bhokar to pass appropriate orders on the application submitted by

(4) the petitioner. Learned Counsel submits that such application would be filed within one week before Sub Divisional Officer.

5.

As it is not in dispute that the issue of incorrect nomenclature and power being with the competent authority to issue fresh certificate with correct nomenclature is considered by this Court time and again, we see no impediment to dispose of the petition, with directions to respondent No. 3 - Sub Divisional Officer to pass appropriate order, in case the petitioner submits the application within one week from today and if the petitioner submits the application within one week, respondent No. 3 to pass appropriate orders within three weeks thereafter.

6.

With these directions, the petition is disposed of.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe