Anna Madhav Koli v. The State Of Maharashtra And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6671 OF 2017 Devanand Pandurang Akoskar, Age : 25 years, Occu : Service, R/o : Kolewadi, Tq. & Dist. Osmanabad Tribal Department, The Sub-Divisional Officer/ Magistrate, Osmanabad, Tq. Dist.

Osmanabad.

The Deputy Superintendant of Police, Office of Deputy Superintendent of Police, Osmanabad, Tq. & Dist Osmanabad.

WRIT PETITION NO.6659 OF 2017 Maheshkumar Marotirao Tumawar, .. Petitioner Age : 28 years, Occ.Service, R/o : Degloor, Tq. Degloor Dist. Nanded

Versus

( 2 ) Tribal Development Department, The Sub-Divisional Officer/ Degloor, Tq. Degloor, Dist. Nanded.

The Executive Engineer, Maharashtra State Electricity Distribution Company Limited, Jalna, Tq. & Dist. Jalna.

WRIT PETITION NO. 6660 OF 2017 Nirmala Hanumantrao Marakwad, Age : 37 years, occ. Service, R/o : Shekapur, Tq. Kandhar, Dist. Nanded Tribal Development Department, The Sub-Divisional Officer, Kandhar, Tq. Kandhar, Dist. Nanded.

( 3 ) The Chief Executive Officer, Zilla Parishad, Hingoli, Tal. & Dist. Hingoli WRIT PETITION NO. 6661 OF 2017 Pradip Balasaheb Akoskar, Age : 29 years, Occu : Service, R/o : Kolewadi, Tq & Dist. Osmanabad Tribal Department, The Sub-Divisional Officer/ Magistrate,Osmanabad,Tq. Dist, Osmanabad.

The Superintendant, Late. Shankarlal Mundada Matimand Mulanche Balgruh, Jalna Tq. & Dist. Jalna.

WRIT PETITION NO. 6662 OF 2017 Anna Madhav Koli, Age 28 years,Occu: Service, R/o : Kawalewadi,Tq.

( 4 ) & Dist.Osmanabad.

Tribal Department, The Sub-Divisional Officer/ Magistrate,Osmanabad,Tq. Dist, Osmanabad.

The Divisional Controller, Maharashtra State Road Transportation Corporation, Osmanabad, Tq. & Dist.Osmanabad.

WRIT PETITION NO. 6663 OF 2017 Baban Vishnu Rao, Age : 46 years, Occu : Service, R/o : Khedgaon, Tq. Ambad, Dist. Jalna.

Tribal Department,

( 5 ) The Sub-Divisional Officer/ Magistrate,Ambad,Tq.Ambad, Dist. Jalna.

The Chief Executive Officer, Zilla Parishad, Jalna, Tq. & Dist. Jalna.

WRIT PETITION NO. 6664 OF 2017 Khanderao Malhari Yermunwad, Age : 44 years, Occu: Service, R/o : Sunegaon, Tq. Kandhar, Dist. Nanded.

Tribal Department, Mantralaya, Mumbai- 32.

The Sub-Divisional Officer/ Magistrate, Kandhar, Tq.Kandhar, Dist. Nanded.

The Headmaster, Late. Vishwanathrao Nalage Secondary and Higher Secondary Vidyalaya, Vitthalwadi, Tq. Loha,Dist.Nanded.

( 6 ) WRIT PETITION NO. 6665 OF 2017 Suksham Ambadas Chantampalle, Age : 33 years, Occu :Service, R/o : Madansuri, Tq. Nilanga, Dist. Latur Tribal Department, The Sub-Divisional Officer/ Magistrate,Nilanga,Tq. Nilanga, Dist.Latur.

The Chief Executive Officer, Zilla Parishad, Osmanabad, Tq. & Dist.Osmanabad.

5.

The District Health Officer, Zilla Parishad, Osmanabad Tq. & Dist. Osmanabad.

6.

The Medical officer, Primary Health Centre, Nay Chakur, Tq. Omerga, Dist. Osmanabad.

WRIT PETITION NO. 6666 OF 2017

( 7 ) Gajanan Sudarshan Dumalwad, Age : 23 years, Occu : Service, R/o : Kandil, Tq.Bhokar, Dist. Nanded Tribal Department, The Sub-Divisional Officer Bhokar,Tq.Bhokar,Dist.Nanded.

The Commissioner of Police, Thane, Tq. & Dist.Thane.

WRIT PETITION NO. 6667 OF 2017 Madan Sahebrao Sonwane, Age : 49 years, Occu:

Service,R/o : Ramasgaon, Tq.Ambad,Dist. Jalna, Tribal Department,

( 8 ) The Sub-Divisional Officer/ Magistrate, Ambad, Tq.Ambad Dist.Jalna.

The Superintendent of Police, Jalna, Tq. & Dist. Jalna.

WRIT PETITION NO. 6668 OF 2017 Keshav Dattataram Upawad, Age : 55 years, Occu : Service, R/o : Mangalsangvi, Tq.Kandhar, Dist. Nanded Tribal Development Department, The Sub-Divisional Officer Kandhar,Tq. Kandhar, Dist.Nanded The Superintendent of Police, Nanded, Tq. & Dist. Nanded.

WRIT PETITION NO. 6669 OF 2017 Shriram Vyankoba Mardode,

( 9 ) Age : 62 years, Occu: Service, R/o : Joshisangvi, Tq. Kandhar, Dist. Nanded Tribal Development Department, The Sub-Divisional Officer Kandhar, Tq.Kandhar, Dist. Nanded.

WRIT PETITION NO. 6670 OF 2017 Sheshrao Deorao Pupalwad, Age : 57 years, Occu: Service, R/o : Bachoti, Tq. Kandhar, Dist. Nanded.

Tribal Development Department, The Sub-Divisional Officer Kandhar, Tq.Kandhar, Dist. Nanded.

( 10 ) WRIT PETITION NO. 6675 OF 2017 Pratiksha Devidas Mardode, Age : Minor, Occu: Student, Under guardian of father Devidas Bhujangrao Mardode, Age :- 45 years, Occ.Service, R/o : Jogeshwari Tq. Loha, Dist. Nanded.

Tribal Development Department, Mantralaya,Mumbai- 32 The Sub-Divisional Officer Kandhar, Tq.Kandhar, Dist. Nanded.

WRIT PETITION NO. 6676 OF 2017 Supriya Shivaji Ramshetwad, Age : Minor, Occu: Student, Under guardian of mother Sushila Shivaji Ramshetwad, Age :- 38 years, Occ.Service, R/o : Bendri, Tq.Bhokar, Dist. Nanded.

( 11 ) Tribal Development Department, The Sub-Divisional Officer, Bhokar, Tq.Bhokar, Dist.Nanded WRIT PETITION NO. 6677 OF 2017 Pooja Satish Karod, Age : 22 years, Occu: Student, R/o : Hudco, Nanded, Tq. & Dist. Nanded.

Tribal Development Department, The Sub-Divisional Officer Nanded, Tq.Nanded, Dist. Nanded.

The Registrar, Shri Gurugovind Singhji Institute of Engineering and Technology

( 12 ) Government College, Nanded Tq. & Dist. Nanded WRIT PETITION NO. 6678 OF 2017 Gitanjali Balaji Kastewad, Age : 23 years, Occ.Student, R/o : Honwadaj Wadi, Mukhed, Tq. Mukhed, Dist. Nanded.

Tribal Devlopment Department, The Sub-Divisional Officer Degloor, Tq.Degloor, Dist. Nanded.

The Registrar, Shri Gurugovind Singhji Institute of Engineering and Technology Government College, Nanded, Tq. & Dist.Nanded.

WRIT PETITION NO. 6679 OF 2017 Ramesh Hanmantrao Kondalwade, Age : 21 years, Occu: Student, R/o : Mangnali, Dharmabad, Tq.Dharmabad,Dist. Nanded.

( 13 ) Tribal Devlopment Department, The Sub-Divisional Officer Dharmabad, Tq.Dharmabad, Dist. Nanded.

The Dean, Dr. Shankarrao Chavan Govt.

Medical College, Dist. Nanded 5.

The Registrar, Nashik University of Health Sciences, Dist. Nashik.

WRIT PETITION NO. 6680 OF 2017 Sunil Kalyan Suryawanshi, Age : 30 years, Occu: Service, R/o : Aleshwar, Tq. Paranda, Dist. Osmanabad.

Tribal Department,

( 14 ) The Sub-Divisional Officer /Magistrate, Bhoom, Tq.Bhoom, Dist.Osmanabad.

Mr.Pratap P. Jadhavar, Advocate for the petitioners. Mr.P.V. Patil, A.G.P. for respondents/State.

CORAM : R.M. BORDE & S.M.GAVHANE,JJ.

DATED :

31.08.2017 ORAL JUDGMENT : [PER : R.M. BORDE,J.] :- Heard.

Rule. With the consent of the parties, the petitions are taken up for final disposal at the stage of admission.

The petitioners claim to belonging to Scheduled Tribe category and are taking exception to the orders passed by the Scrutiny Committee in different matters directing invalidation of Tribe Certificates issued to them on technical ground of error in spelling mistake or

( 15 ) error in recording nomenclature of the tribe. The petitioners claim to belonging either to "Mannervarlu" or "Koli Mahadev". In case of some of the petitioners, there occurred spelling mistake in recording name of tribe as "Mannervarlu"; whereas in certain matters, instead of recording name of the tribe as "Koli Mahadev", same is recorded as "Mahadev Koli". On aforesaid ground of erroneous recording of name of the Tribe in the Certificate, the Scrutiny Committee has directed invalidation of the Tribe Certificates issued in favour of the petitioners.

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

( 16 ) 5.

The impugned orders in the instant petitions stand quashed and set aside. The Scrutiny Committee is directed to return the original Tribe Certificate produced by individual petitioner within a period of four weeks from today. The petitioners shall tender an undertaking to the Scrutiny Committee that they would approach the concerned Authority for ratifying spelling mistake or recording corrections in the Tribe Certificates issued to them and shall produce corrected certificate within a period of eight weeks from the date of receipt of original certificate. The petitioners shall approach the concerned Sub-Divisional Officer/competent authority for recording corrections in the Tribe Certificate already issued to them. The concerned Sub-Divisional Officer/competent authority on production of original tribe certificate by each of the individual petitioner, shall record necessary correction in the Tribe Certificate and shall issue corrected tribe certificate within a period of four weeks from the date of receipt of the application. The petitioner shall

( 17 ) produce corrected Tribe Certificate to the Scrutiny Committee directly and the concerned Committee shall proceed to render decision on the proposal in respect of validation of the Tribe Certificate within a period of one year from the date of receipt of corrected certificate together with proposal, if any.

6.

In the meanwhile, no coercive action be taken against the petitioners, merely on the ground of invalidation of Tribe Certificates on technical ground. 7.

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

[S.M.GAVHANE,J.] [R.M.BORDE,J.] /2017/ 17/ snk AUG