Ravikiran Baburao Ramod v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad Through Member Secretary And Another

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6504 OF 2018 Ravikiran Baburao Ramod Age:23 years, occu: education R/o Kundalwadi, Tq. Biloli, Dist. Nanded Petitioner

Versus

Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through Its Member Secretary Sub Divisional Officer Biloli, Tq. Biloli, Dist. Nanded Respondents Mr. S.S. Phatale advocate for petitioner Mrs. M.A. Deshpande, Additional Govt. Pleader for respondents. ...

CORAM : R.M. BORDE AND A.M. DHAVALE, JJ Date : 26TH JUNE, 2018 ORAL JUDGMENT (Per: R.M. Borde, J) Heard.

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

{2} 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 belongs to Mannervarlu, 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 Sub Divisional Officer. 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. The orders impugned in the instant petition stand 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 undertaking to the Scrutiny Committee that the petitioner would approach the 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.

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

(A.M. DHAVALE, J) ( R.M. BORDE, J ) vbd