Deepak Sayaji Deshatwad v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad Through Its Member Secretary And Another

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10452 OF 2017 Rahul s/o Anilrao Totawar age 31 years, occ education r/o PlotNo. 23, Chaitanya Nagar Principal Mahatma Gandhi Mission College of Computer Science and Information Technology, Dist. Nanded.

Mr. S.S. Phatale, advocate holding for Mr. D.B. Shinde, advocate for petitioner.

WRIT PETITION NO. 10451 OF 2017 Deepak s/o Sayaji Deshatwad age 21 years, occ. education r/o Ambulga(Bk.) Tq. Mukhed Degloor, Tq Degloor

{2} Mr. S.S. Phatale, advocate holding for Mr. D.B. Shinde, advocate for petitioner.

WRIT PETITION NO. 10453 OF 2017 Swati d/o Anilrao Totawar age 33 years, occ. education r/o Plot no. 23, Chaitnaya Nagar Principal Shri Chhatrapati Shivaji College Omerga, Dist. Nanded Mr. S.S. Phatale, advocate holding for Mr. D.B. Shinde, advocate for petitioner.

WRIT PETITION NO. 10465 OF 2017 Raghunath s/o Lalba Sone age 72 years, occ. pensioner r/o Naggapur, Tq. Biloli

{3} Biloli, Tq. Biloli Mr. S.S. Phatale, advocate for petitioner.

WRIT PETITION NO. 10466 OF 2017 Sayalu s/o Gangadhar Hangarge age 27 years, occ. service r/o Laghul, Tq. Biloli Biloli, Tq. Biloli Commissioner of Sales Tax Maharashtra State Vikrikar Bhavan Mazgaon Mumbai 400 010.

Mr. S.S. Phatale, advocate for petitioner.

WRIT PETITION NO. 10468 OF 2017 Sanjay s/o Shankarrao Nemaji age 33 years, occ. service r/o Lohgaon, Tq. Biloli

{4} Biloli, Tq. Biloli Superintendent of Police Solapur Gramin, Dist. Solapur Mr. S.S. Phatale, advocate for petitioner.

WRIT PETITION NO. 10474 OF 2017 Shivraj s/o Sambhaji Gangulwar age 25 years, occ. service r/o Kasrali, Tq. Biloli Biloli, Tq. Biloli Superintendent of Police Nanded, Dist. Nanded Mr. S.S. Phatale, advocate for petitioner.

WRIT PETITION NO. 10475 OF 2017 Madhav s/o Gangaram Kurmude age 46 years, occ. service

{5} r/o Chikna, Tq. Dharmabad Dharmabad, Tq. Dharmabad Zilla Parishad, Nanded Through its Education Officer Mr. S.S. Phatale, advocate for petitioner.

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

DATE : 22nd AUGUST, 2017 ORAL JUDGMENT : ( PER R.M.BORDE, J.) Rule. Rule made returnable forthwith.

Heard finally with the consent of learned counsel for the respective parties.

These petitions are taking exception to the decision rendered by the Scrutiny Committee directing invalidation of Tribe Certificate issued to the petitioners as belonging to "Mannervarlu /Koli Mahadeo" - Scheduled Tribe on technical ground of occurrence of spelling mistake in recording name of th

{6} Tribe in the Certificate issued to the petitioners by the SubDivisional Officer. 4.

The issue raised in the instant matter 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, instant petitions also deserve to be allowed and the same are accordingly allowed. 5.

The order impugned in these petitions stand quashed and set aside. The Scrutiny Committee is directed to return the original Tribe Certificate produced by the petitioners before it, within four weeks from today. The petitioners shall tender an undertaking to the Scrutiny Committee that he would approach the concerned competent authority for ratifying the spelling mistake occurred in recording name of the Tribe and shall produce corrected certificate within a period of eight weeks from the date of receipt of the original certificate. The petitioners shall approach the concerned Sub-Divisional Officer for recording corrections in the certificate already issued to them.

The concerned SubDivisional officer shall issue corrected certificate within a period of four weeks from the date of approach of the petitioners, without embarking upon further enquiry in the matter. On receipt of corrected certificate, same shall be produced before the Scrutiny Committee within a period of four weeks from the date of receipt.

{7} proposal. It would be open for the petitioners to tender the corrected certificate and the proposal directly to the Scrutiny Committee and the Scrutiny Committee shall entertain the same. 6.

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

7.

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

( S.M. GAVHANE ) ( R.M.BORDE ) JUDGE JUDGE dyb