Maroti Peeraji Koneri v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad Through Its Member Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10288 OF 2017 Govind S/o Gangadhar Pallewad, Age : 35 Years, Occu. : Service, R/o Mandala, Tq. Umri, Dharmabad, Tq. Dharmabad, Maharashtra State Electricity Distribution Company Ltd., through its Executive Engineer, Nilanga, Tq. Nilanga, Dist. Latur.

WRIT PETITION NO. 10285 OF 2017 Shivshankar Sambhaji Kolamwad, Age : 14 Years, Occu. : Education, Through guardian i. e. Father Sambhaji Maroti Kolamwad, Age : 43 Years, Occu. : Service, R/o Bahaddarpura, Tq. Kandhar,

2 wp 10288.17 Kandhar, Tq. Kandhar, Shree Chhatrapati Shahu Maharaj, Sainiki Vidyalaya School Udgir, Tq. Udgir, Dist. Latur, Through its Head Master.

WRIT PETITION NO. 10290 OF 2017 Dnyaneshwar Nagorao Baste, Age : 23 Years, Occu. : Service, R/o Ghungrala, Tq. Naigaon, Biloli, Dist. Nanded.

Shri Sant Bhagwanbaba Higher Secondary School, Bagpipalgaon, Tq. Georai, Dist. Beed, Through its Head Master WRIT PETITION NO. 10291 OF 2017

3 wp 10288.17 Maroti Peeraji Koneri, Age : 45 Years, Occu. : Service, R/o Lohgaon, Tq. Biloli, Biloli, Dist. Nanded.

Education Officer (Primary), Zilla Parishad, Osmanabad, Dist. Osmanabad.

WRIT PETITION NO. 10292 OF 2017 Akash S/o Suresh Bonlawar, Age : 21 Years, Occu. : Education, R/o Degloor, Tq. Degloor, Degloor, Tq. Degloor, Sinhgad College of Engineering Pune - 411 041

4 wp 10288.17 Through its Registrar WRIT PETITION NO. 10293 OF 2017 Saikiran S/o Ramrao Totawar, Age : 19 Years, Occu. : Education, R/o Degloor, Tq. Degloor, Degloor, Tq. Degloor, Walchand College of Engineering Sangli, Through its Director.

WRIT PETITION NO. 10294 OF 2017 Akash S/o Ramesh Shivram, Age : 21 Years, Occu. : Education, R/o Markendy Mandir, Nanded, Tq. & Dist. Nanded.

5 wp 10288.17 Nanded, Tq. & Dist. Nanded.

Gramin Polytechnic College, Vishnupuri, Nanded 431 606 Through its Principal.

WRIT PETITION NO. 10297 OF 2017 Vilas S/o Kashinath Landge, Age : 47 Years, Occu. : Service, R/o Shirad Shahapur, Tq. Aundha, Dist. Hingoli.

Basmath, Tq. Basmath, Dist. Hingoli.

Zilla Parishad Hingoli, Dist. Hingoli, Through its Chief Executive Officer.

Shri Sagar S. Phatale, Advocate for Petitioners in all matters. Shri S. B. Yawalkar, Addl.G.P. for Respondent Nos. 1 and 2 in all matters.

The Respondent No. 3 served in all matters.

CORAM : S. V. GANGAPURWALA AND SMT. VIBHA KANKANWADI, JJ.

DATE : 03RD NOVEMBER, 2017.

6 wp 10288.17 ORAL JUDGMENT (Per S. V. Gangapurwala, J.) :- .

Heard.

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

The petitioners are taking exception to the decision rendered by the scrutiny committee, directing invalidation of the tribe certificates issued to, certifying that they belong 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.

The issue raised in these petitions 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 petitions also deserve to be allowed and the same are accordingly allowed. The orders impugned in the instant petitions stand quashed and set aside. The Scrutiny Committee is directed to return the original tribe certificates produced by the petitioners before it, within four weeks from today. The petitioners shall tender an undertaking to the Scrutiny Committee that, the

7 wp 10288.17 concerned petitioners would approach the concerned competent issuing authority for ratifying the spelling mistakes/discrepancies in recording the nomenclature of the tribe and shall produce the corrected certificates within a period of eight weeks from the date of receipt of the original certificates. The petitioners shall approach the concerned Sub divisional Officer for recording corrections in the tribe certificates already issued to them. The concerned Sub Divisional Officer shall issue corrected certificates within a period of four weeks from the date of approach of the individual petitioners, without embarking upon any further enquiry in the matter. On receipt of corrected certificates, same shall be produced before the Scrutiny Committee, within a period of four weeks from the date of its receipt.

The Scrutiny Committee shall, thereafter proceed to decide the claims of the petitioners for validation of the tribe certificates and render decision on the proposals, within a period of one year from the date of receipt of the corrected certificates together with proposals if any. It would be open for the petitioners to tender the corrected certificates and the proposal directly to the Scrutiny Committee and the Scrutiny Committee shall entertain the same and shall proceed to decide the matters on its own merit and shall not reject it on any technical grounds. Rule is made absolute in the above terms.

There shall be no order as to costs.

In the meanwhile, no coercive action be taken against the

8 wp 10288.17 petitioners, merely on the ground of invalidation of the tribe certificates on technical grounds.

Sd/- Sd/- [SMT. VIBHA KANKANWADI,J.] [S. V. GANGAPURWALA, J.] bsb/Nov. 17