Digambar Manika Shahapurwad v. The State Of Maharashtra And Others

1 Sr1007WP5803.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION NO. 5803 OF 2017 Digambar S/o. Monika Shahapurwad, Age : 54 years, Occu. Service, R/o. Bahaddurpura, Tq. Kandhar, District Nanded.

Petitioner...

Versus

1. The State of Maharashtra Through its Secretary, Urban Development Department, Mantralaya, Mumbai-32.

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, through its Member Secretary

3. The Municipal Corporation, Aurangabad, through its Commissioner

4. The Sub Divisional Officer, Kandhar, Tq. Kandhar, Dist. Nanded.

Respondents...

..........

Mr Apparao P. Yenegure, Advocate for the petitioner Mrs M. A. Deshpande, AGP for respondent/State .............

CORAM : R. M. BORDE & A. M. DHAVALE, JJ.

DATE : 8TH JUNE, 2018.

ORAL JUDGMENT [PER R. M. BORDE, J.] :- .

Heard.

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Rule. With the consent of the parties, petition is taken up for final decision at admission stage.

3.

The petitioner is taking exception to the decision rendered by the Scrutiny Committee, directing invalidation of the tribe certificate issued to him, not certifying him that he is belonging to Mannervarlu or Koli Mahadev, scheduled tribe, on technical ground of occurrence of spelling mistake, or discrepancies in writing the nomenclature of the tribe in the certificate issued by the concerned Sub Divisional Officer.

4.

The issue raised in this petition is no more res-integra and is covered by the decision rendered in Writ Petition no.6263 of 2017 and other companion matters. For the reasons recorded in the Judgment referred to above, the instant petition also deserves to be allowed and the same is accordingly allowed.

5.

The order impugned in the instant petition stands quashed and set aside. The Scrutiny Committee is directed to return the original tribe certificate produced by the petitioner before it, within four weeks from today. The petitioner shall tender an undertaking to the Scrutiny Committee that the petitioner would approach the

3 Sr1007WP5803.2017 concerned competent scrutiny committee for ratifying the spelling mistake/discrepancy in recording the nomenclature of the tribe and shall produce the corrected certificate within a period of eight weeks from the date of receipt of the original certificate. The petitioner shall approach the concerned Sub Divisional Officer for recording correction in the tribe certificate already issued to him. The concerned Sub Divisional Officer shall issue corrected certificate within a period of four weeks from the date of approach of the petitioner, without embarking upon any further enquiry in the matter.

On receipt of corrected certificate, within a period of four weeks from the date of its receipt, the Scrutiny Committee shall thereafter proceed to decide the claim of the petitioner for validation of the tribe certificate and render decision on the proposal, within a period of one year from the date of receipt of the corrected certificate together with proposal if any. It would be open for the petitioner to tender the corrected certificate and the proposal directly to the Scrutiny Committee and the Scrutiny Committee shall entertain the same and shall proceed to decide the matter on its own merits and shall not reject it on any technical ground.

6.

Rule is made absolute in above terms. There shall be no order as to costs.

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In the meanwhile, no coercive action be taken against the petitioner merely on the ground of invalidation of the tribe certificate on technical ground.

[ A. M. DHAVALE ] [ R. M. BORDE ] JUDGE JUDGE Punde