Sonali Vijay Totawad v. The State Of Maharashtra And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3823 OF 2019 Sonali d/o Vijay Totawad Petitioner

Versus

The State of Maharashtra & others Respondents Mr.A.P.Piratwad, advocate for the petitioner. Mrs.D.S.Jape, AGP for Respondents.

CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 9th April, 2019.

P.C. :

Heard learned counsel for the petitioner.

The petitioner is a student prosecuting her studies in M.E. (Hydraulics) in Sinhgad College of Engineering, Pune. A tribe certificate was issued in favour of the petitioner by the Sub Divisional Officer on 02.04.2011. As there was an error in the certificate referring the status of the petitioner as "Mannerwarlu" instead of "Mannervarlu", the petitioner has submitted an application to Respondent No.2 - Sub Divisional Officer, Nanded, seeking a fresh certificate with proper nomenclature. 3.

Our attention is 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 error was

{2} 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.

4.

Learned counsel submitted that the petitioner is also aware of the new procedure, namely, submission of online application to the Sub Divisional Officer for issuance of tribe certificate and the petitioner is ready to undertake the exercise of submission of online application. It is further submitted that as the petitioner is in need of tribe certificate, respondent No.2 be directed to issue corrected tribe certificate expeditiously.

5.

Our attention is invited to the order of this Court dated 27th November, 2018 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.

6.

The petitioner undertakes to tender online application to the Sub Divisional Officer for issuance of tribe certificate within one week.

7.

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 to the petitioner recording name of the tribe as "Mannervarlu", as expeditiously as possible and

{3} preferably within eight weeks from the date of tendering of the application by the petitioner.

8.

With the above directions, the writ petition is disposed of. NITIN W. SAMBRE PRASANNA B. VARALE JUDGE JUDGE dyb