Aditya Hanmant Dabade v. The State Of Maharashtra And Others

{1} 969WP7344-18-J

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7344 OF 2018 Aditya S/o Hanumant Dabade Age : 18, Occu: Education, R/o. At. Post. Karajkheda, Tq. Dist. Osmanabad.

...Petitioner

Versus

1.

The State of Maharashtra, Department of Tribal Development Mantralaya, Mumbai-32 Through its Secretary.

2.

Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary 3.

The Sub Divisional Magistrate, Osmanabad, Tq. Dist. Osmanabad.

...Respondents

Mr.V.U. Jadhav, Advocate for Petitioner Mr. S.S. Dande, AGP for Respondent-State CORAM : R.M.BORDE AND A.M. DHAVALE,JJ.

DATE: 6th JULY, 2018 ORAL JUDGMENT (Per R.M. Borde, J) 1.

Heard.

2.

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

{2} 969WP7344-18-J 3.

This petition is taking exception to the decision rendered by the Scrutiny Committee directing invalidation of Tribe Certificate issued to the petitioner as belonging to 'Koli-Mahadev' - Scheduled Tribe on technical ground of occurrence of spelling mistake in recording name of the Tribe in the Certificate issued to the petitioner by the Sub Divisional Magistrate, Osmanabad dated 10.07.2014.

4.

The issue raised in the instant matter is no more resintegra 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. 5.

The order impugned in this petition stands quashed and set aside. The Scrutiny Committee is directed to return the original Tribe Certificate produced by the petitioner before it, within two weeks from today. The petitioner 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 with the Sub Divisional Officer immediately. The petitioner shall approach the competent authority for recording correction in the certificate already issued to him. The competent

{3} 969WP7344-18-J authority shall issue corrected certificate within a period of two weeks from the date of approach of the petitioner, 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. 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 corrected certificate together with the proposal. It would be open for the petitioner 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.

( A.M.DHAVALE ) ( R.M.BORDE ) JUDGE JUDGE mta