Subham Gangadhar Chitale v. The State Of Maharashtra And Others

1 W.P.No.2651/18

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.2651 OF 2018 Shubham S/o Gangadhar Chitale ... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

...

Mr.S.M.Vibhute, advocate for the petitioner. Mr.A.V.Deshmukh, A.G.P. for the State.

Mr.S.B.Bhosale, advocate for Respondent No.3. ...

CORAM : S.V.GANGAPURWALA AND A.M. DHAVALE,JJ.

Date : 12.03.2018.

PER COURT :

1.

The Committee has cancelled and confiscated the tribe certificate on the ground that the tribe name "Mannervarlu" is incorrectly spent.

2.

Learned A.G.P. submits that the validity certificate is issued with the same spelling as is spelt in the tribe certificate as

2 W.P.No.2651/18 per G.R. dated 30.4.2016 and as such, it is necessary to get the tribe certificate corrected. 3.

This Court on 4.7.2017 in W.P.No.8488/2017 had set aside all the earlier orders of the Scrutiny Committees in Marathwada region, wherever there was a spell mistake in "Mannervarlu" tribe.

4.

Learned A.G.P. on instructions states that the Committee could not proceed further because there were earlier orders of this Court, directing such petitioners to get the corrected tribe certificate.

5.

The Committee shall give the attested tribe certificate of the petitioner of the wrong spelling. The same shall be submitted by the petitioner to the concerned S.D.O. The concerned S.D.O. shall give the corrected tribe certificate to the petitioner within one week.

The petitioner shall thereafter forward the proposal to the Committee within one week from the date of receipt of the tribe certificate complete in all

3 W.P.No.2651/18 respect.

The Committee shall decide the validation proceedings expeditiously, preferably within six (6) months.

6.

The petitioner shall appear before the Committee on 22.3.2018. The result of the petitioner shall not be withheld only on the ground that validation proceeding is pending. In case the petitioner is otherwise eligible then he shall not be refrained from prosecuting further studies for next year only on the ground that validation proceeding is pending.

7.

The Writ Petition is disposed of. No costs.

(A.M.DHAVALE,J.) (S.V.GANGAPURWALA,J.) asp/office/wp2651.18

4 W.P.No.2651/18