Ramkishan Venkatrao Bainwad v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY BENCH AT AURANGABAD.
WRIT PETITION NO.7306 OF 2015 Ramkishan S/o Venkatrao Bainwad, Aged 24 years, Occ.Nil, R/o Chinchala, Tq.Umri, Dist.Nanded.
... Petitioner.
Versus
1. The State of Maharashtra, through Secretary to Tribal Development Department, Mantralaya, Mumbai.
2. The Schedule Tribe Certificate Verification Committee, Aurangabad through its Deputy Director(R), Aurangabad.
3. The Sub Divisional Officer, Nanded, Dist.Nanded.
... Respondents.
...
Mr.S.M.Vibhute, advocate for the petitioner.
Mr.S.S.Tope, Addl. Govt. Pleader for the State. Mr.P.S.Patil, advocate for Respondent No.2.
...
CORAM : S.V.GANGAPURWALA & V.K.JADHAV,JJ.
Date : 21.07.2015.
PER COURT :
1.
The petitioner is issued with validity certificate as belonging to "Mannervarlu" scheduled tribe. However, in the validity certificate the same is spelt as "Mannerwarlu".
2.
The Tribe certificate is issued on 10.12.2007 and the validity certificate on 4.1.2011. There appears to be discrepancy in the spelling of Mannervarlu tribe certificate and the validity certificate i. e. instead of "Mannervarlu" it is spelt as "Mannerwarlu". This Court in Writ Petition No. 4536 of 2014 with connected writ petitions relying on various judgments of this Court and the Apex Court in respect of 'Koli Mahadev' scheduled tribe had protected the validity certificate granted in the past in respect of 'Koli Mahadev' (S.T.) wherein instead of Koli Mahadev, validity certificates were issued in the name of Mahadev Koli.
3.
It is not disputed that, there is no tribe as Mannerwarlu. Even Mr. Tele, the learned counsel for the Committee accedes to the same.
4.
In the light of the above, the tribe certificate
and the validity certificate issued to the petitioner spelling as "Mannerwarlu" shall be held to be valid tribe certificate and validity certificate of "Mannervarlu" (Scheduled Tribe). The writ petition accordingly is disposed of. (V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.) asp/office/wp7306.15