Sakshi Rajkumar Yerawad And Another Through Father Rajkumar Narayan Yerawad v. The State Of Maharashtra And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2251 OF 2019 1.

Sakshi d/o Rajkumar Yerawad, Age: Minor, Occu: Education, R/o: Dholumri, Tq. Umari, Dist. Nanded, Through father/natural guardian Rajkumr s/o Narayan Yerawad, Age: 42 years, Occu: Agri., R/o: as above 2.

Shrijit s/o Rajkumar Yerawad, Age: Minor, Occu: Education, R/o: Dholumri, Tq. Umari, Dist. Nanded, Through father/natural guardian Rajkumr s/o Narayan Yerawad, Age: 42 years, Occu: Agri., R/o: as above ..PETITIONERS

VERSUS

1.

The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai 2.

The Sub Divisional Officer, Dharmabad, Dist. Nanded ..RESPONDENTS Mr G. K. Chinchole, Advocate holding for Mr S. M. Vibhute, Advocate for petitioners;

Mr A. R. Kale, A.G.P. for respondents CORAM : PRASANNA B. VARALE AND S. M. GAVHANE, JJ.

DATE : 27th February, 2019 ORAL ORDER:

Heard learned counsel appearing on behalf of the petitioners.

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The petitioners are the students and petitioner No.1 is prosecuting her studies in 10th Class and petitioner No.2 is prosecuting his studies in 6th Class, respectively. A tribe certificate had been issued by the Sub Divisional Magistrate, Bhokar in favour of the petitioner No.1 on 9th November, 2011 and in favour of petitioner No.2 on 11th August, 2012. As there was an error in the certificates referring the status of the petitioners and instead of letter 'V' it was spelled as 'Mannerwarlu' with letter 'W', the petitioners submitted an application to respondent No.2 - Sub Divisional Officer, Nanded, seeking a fresh certificate with a proper nomenclature. 3.

Our attention was invited to the Government Circular dated 22nd June, 2016. It is also submitted by the learned counsel for the petitioners that this very issue of the spelling errors was considered by this Court in the judgment and order dated 4th February, 2016 in Writ Petition No.1242 of 2016 and Writ Petition No.1418 of 2016. Learned Counsel submitted that the petitioners are also aware of the new procedure, namely, submission of on-line application to the Sub Divisional Officer for issuance of tribe certificate and they are ready to undertake the exercise of submission of application by way of on-line process. As the petitioners are facing difficulties for submitting their tribe claim, they are before this Court. 4.

Our attention is invited to the order of this Court dated 27th November, 2018, passed Writ Petition No.12472 of 2018. We see no reason

(3) to take a different view than the view adopted by the Division Bench of this Court in its order dated 27th November, 2018. 5.

The petitioners undertake to tender on-line application to the Sub Divisional Officer for issuance of tribe certificates within one week. 6.

On tendering of the application as well as presentation of the hard copy of the application to the Sub Divisional Officer along with the tribe certificates already issued to the petitioners recording entry of the tribe as 'Mannerwarlu', the Sub Divisional Officer shall, without embarking upon further enquiry into the matter, issue corrected tribe certificate recording name of the tribe as 'Mannervarlu', as expeditiously as possible and preferably within eight weeks from the date of tendering the application. With the above directions, the writ petition is disposed of. (S. M. GAVHANE, J.) (PRASANNA B. VARALE, J.) sjk