Gayatri Suresh Perke Through Her Father Uresh Devidasrao Perke v. The State Of Maharashtra And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3183 OF 2019 Gayatri D/o Suresh Perke Age: 16 Years, Occu. Education, U/G of her father Suresh S/o Devidasrao Perke Age : 43 Years, Occu. Service, R/o Samarth Nagar, Nanded ..PETITIONER

VERSUS

1.

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

The Sub Divisional Officer, Sub Divisional Office, Hadgaon, Dist. Nanded ..RESPONDENTS Mr Anil P. Pratwad, Advocate for petitioner;

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

DATE : 7th March, 2019 ORAL ORDER:

Heard learned Counsel appearing on behalf of the petitioner. 2.

The petitioner is a student prosecuting her study in 10th standard. A tribe certificate had been issued in favour of the petitioner by the Sub Divisional Magistrate on 18th September, 2009. As there was an error in the certificate referring the status of the petitioner and instead of letter 'V' it

(2) was spelled as 'Mannerwarlu' with letter 'W', the petitioner 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 petitioner 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 petitioner is also aware of the new procedure, namely, submission of on-line application to the Sub Divisional Officer for issuance of tribe certificate and the petitioner is ready to undertake the exercise of submission of application by way of on-line process. Learned Counsel submitted that as the petitioner is in need of caste certificate to seek admission for further academic education respondent No.2 be directed to issue caste certificate expeditiously.

4.

Our attention is also invited to the order of this Court dated 27th November, 2018, passed in Writ Petition No.12472 of 2018. We see no reason to take a different view than the view adopted by the Division Bench of this Court in its order dated 27th November, 2018.

(3) 5.

The petitioner undertakes to tender on-line application to the Sub Divisional Officer for issuance of tribe certificate 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 certificate already issued to the petitioner 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