Sayalu Madhavrao Upalwad v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6078 OF 2017 SAYALU MADHAVRAO UPALWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Vibhute Sunil M.

AGP for Respondents: Mr.D.R.Kale ...

CORAM : S.C.DHARMADHIKARI & MANGESH S. PATIL,JJ.

DATE : 19/07/2017 PER COURT :- 1] In view of the order dated 22/06/2017 passed in Writ Petition No.5812/2017 (Gokul Sambhaji Ghadage V/s. The State of Maharashtra) as well as several other orders passed by this Court concerning the mistake and error in spelling of the tribe/caste in the certificates issued by the competent authorities, this Writ Petition is also disposed of with the following directions : [a] The impugned order passed by the Scrutiny Committee invalidating the tribe/caste claims of the Petitioner is set aside. [b] We direct the competent Scrutiny Committee to scrutinize and verify the claim of the Petitioner as belonging to

-2- "KOLI MAHADEV" Scheduled Tribe (Entry 29) on merits and in accordance with law.

[c] The Scrutiny Committee should overlook the mistake and error in the spelling of the tribe/caste in the certificate issued to the Petitioner.

[d] The Scrutiny Committee shall complete this assignment as expeditiously as possible.

[e] Till the Scrutiny Committee decides the matter and communicates it's order, the services of the Petitioner shall not be terminated on the ground that the Petitioner has failed to produce the validity certificate.

(MANGESH S. PATIL,J.) (S.C.DHARMADHIKARI,J.) umg/