Sanjay Nagnathrao Mudrale v. The State Of Maharashtra And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3780 OF 2019 Sanjay S/o Nagnathrao Mudrale Age: 43 years, Occ.Service R/o Anand Nagar, Dharmabad Tq.Dharmabad,Dist : Nanded ..PETITIONER

VERSUS

1.

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

The Sub Divisional Officer, Dharmabad, Dist. Nanded ..RESPONDENTS Mr S. M. Vibhute, Advocate for petitioner;

Mrs M. A. Deshpande , A.G.P. for respondents CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 20th March, 2019 ORAL ORDER:

Heard learned counsel for the petitioner.

2.

The petitioner is working as a Police Constable under the employment of Commissioner of Police, Mumbai since 1st February, 1999. He was selected from ST category. A tribe certificate had been issued in favour of the petitioner by the Tahsildar, Biloli, Dist. Nanded on 18th July, 1990. There was an error in the certificate referring the status of the petitioner. Instead of 'Koli Mahadev' it is

(2) written as 'Mahadev Koli'. Petitioner submitted an application to respondent No.2 - Sub Divisional Officer, Dharmabad, Dist. 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. It is further submitted that as the petitioner is in need of tribe certificate for getting his tribe claim verified, as such submitted proposal before Tribe Scrutiny Committee, respondent No.2. It is prayed that said Committee be directed to issue tribe certificate expeditiously.

4.

Our attention was 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.

(3) 5.

The petitioner undertakes to tender on-line application to the Sub Divisional Officer for issuance of tribe certificate within ten days. 6.

On tendering 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 'Mahadev Koli', the Sub Divisional Officer shall, without embarking upon further inquiry into the matter, issue corrected tribe certificate recording name of the tribe as 'Koli Mahadev', 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. (NITIN W. SAMBRE, J.) (PRASANNA B. VARALE, J.) amj