Satyawan Gorakhnath Faskalwad v. The State Of Maharashtra And Others

2025:BHC-AUG:6753-DB 1 53.WP.5359.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5359 OF 2017 SATYAWAN S/O GORAKHNATH FASKALWAD

VERSUS

1. THE STATE OF MAHARASHTRA, THR. ITS PRINCIPAL SECRETARY TRIBAL DEVELOPMENT DEPARTMENT, MANTRALAYA, MUMBAI-32

2. THE SCHEDULED TRIBE CASTE SCRUTINY/VERIFICATION COMMITTEE, AURANGABAD

3. COMPETENT AUTHORITY/DEPUTY COLLECTOR(E.G.S.), NANDED, TQ. AND DIST. NANDED

4. PRINCIPAL, MAHATMA GANDHI MISSION'S COLLEGE OF ENGINEERING, NANDED WITH WRIT PETITION NO.5358/2017 SAMBHAJI S/O GORAKHNATH FASKALWAD

VERSUS

1. THE STATE OF MAHARASHTRA, THR. ITS PRINCIPAL SECRETARY TRIBAL DEVELOPMENT DEPARTMENT, MANTRALAYA, MUMBAI-32

2. THE SCHEDULED TRIBE CASTE SCRUTINY /VERIFICATION COMMITTEE, AURANGABAD

3. COMPETENT AUTHORITY/DEPUTY COLLECTOR (E.G.S.), NANDED, TQ. AND DIST. NANDED.

4. PRINCIPAL PEOPLE'S COLLEGE, SHRINAGAR NANDED ...

Advocate for the Petitioner : Mr. A.B. Kharosekar h/f. Mr. Boinwad Omgashad B.

AGP for Respondents: Mr. M.K. Goyanka Advocate for Respondent No.4 : Mr. Kadam Vikram S. ...

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 07.03.2025 PER COURT:

The petitioners' proposals for validation of the tribe certificates have been refused to be considered by the Committee by the

2 53.WP.5359.17.odt impugned order on the ground that the nomenclature of the tribe is not in accordance with the Constitutional Notification issued under Article 342.

2.

The learned advocate for the petitioners submits that the petitioners would be satisfied if direction is given to the competent authority to issue fresh tribe certificates with a correct nomenclature, as prayed for in prayer clause 'E'. He submits that the original tribe certificates in incorrect form was surrendered before the Scrutiny Committee and it is still lying there.

3.

We dispose of the writ petitions with a direction to the petitioners to approach the Committee, receive the original tribe certificates in incorrect form, immediately present/surrender it to Respondent No.3 - Competent Authority. On verification respondent No.3 shall thereafter issue fresh tribe certificates with correct nomenclature within two weeks thereafter.

4.

The writ petitions are disposed of.

(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) habeeb/