Ramling Dhondiba Patange v. The State Of Maharashtra And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10221 OF 2017 Arjun S/o. Rayaba Jampawad Age-Major, Occu-Service, R/o. Kodali, Tq. Udgir, Dist. Latur The Deputy Collector & District Rehabilitation Officer Dist. Latur WRIT PETITION NO.10209 OF 2017 Sangram Ramchandra Wajire Age-Major, Occu-Service, R/o.At Post Gavhan, Tq. Udgir, Dist. Latur

( 2 ) The Tahshildar Taluka Executive Magistrate, Udgir, Tq. Udgir, Dist. Latur The Chief Executive Officer, Zilla Parishad, Latur, Dist. Latur WRIT PETITION NO.10210 OF 2017 Gopal So. Harichandra Sarje Age-Major, Occu-Service, R/o.At Post Yeloriwadi, Tq. Ausa, Dist. Latur The Executive Magistrate, Ausa Tq. Ausa, Dist. Latur The Chief Engineer, MSEDCL Regional Office, Admin. Bldg. 1st Floor, Old Power Sale Galli, Dist. Latur

( 3 ) 5.

The Executive Engineer, MSEDCL Division Office, Near Market Yard, Old Power House, Udgir WRIT PETITION NO.10211 OF 2017 Vikas S/o. Pandurang Akoskar Age-21, Occu-Student, R/o.Kolewadi Post Wanewadi, Tq. & Dist. Osmanabad The Sub-Divisional Officer, Osmanabad Tq. & Dist. Osmanabad Dr. Babasaheb Ambedkar Technological University, Lonere, Dist. Rajgad-402 103 (MS), Through its Registrar WRIT PETITION NO.10212 OF 2017 Nagesh S/o. Shamrao Sarge Age-Major, Occu-Service, R/o.Thanu Niwas, Datanagar Nilanga Tq. Nilanga, Dist. Latur

( 4 ) The Executive Magistrate, Nilanga Tq. Nilanga, DIst. Latur The Maharashtra State Road Transport Central Office, Maharashtra Transport Bhavan, Dr. Anandrao Nayar, Mumbai-400 008 Through its Chief Controller 5.

The Divisional Controller, State Transport, Osmanabad 6.

The Sub-Divisional Officer, Nilanga Tq. Nilanga, Dist. Nilanga WRIT PETITION NO.10213 OF 2017 Sanjeprao S/o. Pandhari Yenchewad Age-Major, Occu-Service, R/o.At Post Savargaon Rokada, Tq. Ahmednagar, Dist.Latur

( 5 ) The Taluka Executive Magistrate, Ahmedpur Tq. Ahmedpur, Dist. Latur Shri. Mahadev Madhyamik V. Uchha Madhyamik Vidhyalay, Dhanegaon, Through its Headmaster WRIT PETITION NO.10215 OF 2017 Subhash Hanmant Gaikwad Age-Major, Occu-Service, R/o.Prakash Nagar, Latur, Dist. Latur The Taluka Executive Magistrate, Umarga Tq. Umarga, Dist. Latur The Chief Executive Officer, Zilla Parishad, Osmanabad

( 6 ) WRIT PETITION NO.10216 OF 2017 Uttam Rukhmaji Dappadwad Age-48 years, Occu-Service, R/o.Kharbarwadi, Tq. Ahmedpur, Dist. Latur The Taluka Executive Magistrate, Ahmedpur Tq. Ahmedpur, Dist. Latur Higher and Technical Education Department Mantralaya, Mumbai - 32 WRIT PETITION NO.10217 OF 2017 Sham S/o. Arjunrao Lekarwale Age-38 years, Occu-Service, R/o.Salunke Nagar, Bebali Road, Osmanabad, Tq. & Dist. Osmanabad

( 7 ) The Executive Magistrate, Kalamb Tq. Kalamb, Dist. Osmanabad The Chief Officer Nagar Parishad Osmanabad Tq. & Dist. Osmanabad WRIT PETITION NO.10218 OF 2017 Savita D/o. Ganpatrao Bhanje Age-42 years, Occu-Service, R/o.Vikas Nagar, Udgir, Dist. Latur The Taluka Executive Magistrate, Udgir Tq. Udgir, Dist. Latur The Chief Executive Officer Zilla Parishad Latur, Dist. Latur

( 8 ) WRIT PETITION NO.10220 OF 2017 Vijaykumar Madhavrao Rodewad Age-39 years, Occu-Service, R/o.Tondar, Tq. Udgir, Dist. Latur The Taluka Executive Magistrate, Udgir Tq. Udgir, Dist. Latur The Chief Executive Officer Zilla Parishad Latur, Dist. Latur 5.

The Block Development Officer, Panchayat Samiti, Devni, Dist. Latur WRIT PETITION NO.10219 OF 2017 Vimal D/o. Kashinathrao Mudale Age-Major, Occu-Service, R/o.At Post Bamani, Tq. Udgir, Dist. Latur

( 9 ) The Taluka Executive Magistrate, Udgir Tq. Udgir, Dist. Latur The Chief Executive Officer Zilla Parishad Latur, Dist. Latur WRIT PETITION NO.10222 OF 2017 Shankar S/o. Digambar Ghante Age-47 years, Occu-Service, R/o.Narayan Colony, Tq. & Dist. Osmanabad

( 10 ) The Executive Magistrate, Ausa Tq. Dist. Latur The Chief Officer, Zilla Parishad, Osmanabad WRIT PETITION NO.10223 OF 2017 Ramling S/o. Dhondiba Patange Age-49 years, Occu-Service, R/o.Devlali, Tq. & Dist. Osmanabad The Executive Magistrate, Osmanabad Tq. Dist. Osmanabad Maharashtra State Electricity Transmission Co. Ltd. Vidyut Bhavan, Old Power Premises, Khokadpura, Aurangabad 431 001 Through its Chief Engineer WRIT PETITION NO.10224 OF 2017 Balaji S/o. Shamrao Bandewad Age-Major, Occu-Service, R/o.Kolwadi Post-Sawargaon, Tq. Ahamadpur, Dist. Latur

( 11 ) The Taluka Executive Magistrate, Ahmadpur Dist. Latur WRIT PETITION NO.10226 OF 2017 Gopal S/o.Bapurao Ankushwad Age-Major years, Occu-Service, R/o.Kolewadi Post-Savargaon, Tq. Ahamadpur, Dist. Latur The Taluka Executive Magistrate, Ahmadpur Tq. Ahmedpur, Dist. Latur The Chief Executive Officer, Zila Parishad, Latur Tq. & Dist. Latur

( 12 ) WRIT PETITION NO.10225 OF 2017 Bhagwat S/o. Digambar Ghante Age-59 years, Occu-Nill, R/o.Upchunda, Post-Jawali, Tq. Ausa, Dist. Latur The Executive Magistrate, Ausa Dist. Latur The Chief Executive Officer, Zila Parishad, Osmanabad WRIT PETITION NO.10227 OF 2017 Suryakant S/o. Maroti Sarge Age-53 years, Occu-Service, R/o.At Hasala, Post-Budhoda, Tq. Ausa, Dist. Latur

( 13 ) The Executive Magistrate, Ausa Tq. Ausa, Dist. Latur The District Civil Surgeon, Latur Near Gandhi Chowk, Police Station, Old Z.P.School, Latur-413 512 Dist. Latur WRIT PETITION NO.10229 OF 2017 Chandrahas S/o. Manik Surwase Age-Major, Occu-Service, R/o.At Post Selu, Tq. Ausa, Dist. Latur The Executive Magistrate, Ausa Tq. Ausa, Dist. Latur

( 14 ) WRIT PETITION NO.10228 OF 2017 Appasha S/o. Sidram Koli Age-53 years, Occu-Service, R/o.At Asta (Kasar), Tq. Lohara, Dist. Osmanabad The Executive Magistrate, Umarga Tq. Umarga, Dist. Osmanabad The Executive Engineer, Latur Latur Irrigation Division Latur, Sinchan Bhavan Old Aus Road, Latur WRIT PETITION NO.10230 OF 2017 Anant Marotirao Tarlawad Age-Major, Occu-Service, R/o.Rajura (Bu), Tq. Mukhed, Dist. Nandad

( 15 ) The Tahasildar & Taluka Executive Magistrate, Mukhed, Tq. Mukhed, Dist. Nanded The Chief Executive Officer, Zilla Parishad, Latur 5.

The Education Officer (Secondary), Zilla Parishad, Latur 6.

Bapuji Madhyamik Va Uchya Madhyamik Vidhyalay, Sawagaon, Through its Headmaster Mr.Vivek U. Jadhav, Advocate for the petitioners Mr.P.S.Patil, AGP for the respondents/State Mr.P.R.Patil, Advocate for respondents/Z.P.Latur in writ petition Nos.10226,10230,10209,10218,10219 and 10220 of CORAM : R.M. BORDE & S.M. GAVHANE, JJ.

DATED :

29.08.2017 ORAL JUDGMENT [PER:R.M. BORDE, J.]:- .

Heard.

.

Rule. Rule made returnable forthwith. By the consent of the learned counsel for the parties heard finally at the admission stage.

( 16 ) The petitioners are taking exception to the order passed by the Scrutiny Committee directing cancellation of caste certificate issued to them on the ground of occurrence of spelling mistake in recording the name of the Tribe in the caste/Tribe certificate issued by the competent Authority. The petitioners belong Koli Mahadev Scheduled Tribe. In the Tribe certificate issued in favour of the petitioners by the competent authority the spelling of the tribe is recorded as "Koli Mahadeo" instead of "Koli Mahadev". The spelling mistake occurred in recording the name of the tribe has persuaded the scrutiny committee to direct the cancellation of tribe certificate. The scrutiny committee has granted liberty to the petitioners to secure proper certificate from the competent authority and produce the same for verification.

Issue raised in the instant matter is no more res-integra and is covered by the decision rendered in

( 17 ) 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 these petitions stands 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 they 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 petitioner shall approach the concerned Sub-Divisional Officer for recording corrections in the Tribe certificates already issued to them. The concerned subDivisional Officers, without embarking upon further enquiry into matter, on the basis of Tribe certificate

( 18 ) issued to each of the individual petitioners by the competent authority earlier shall issue the corrected Tribe Certificate within a period of four weeks from the date of tender an application by the petitioners. On receipt of the corrected certificates, 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 petitioners for validation of Tribe Certificate and render decision on the proposals within a period of six months from the date of receipt of corrected certificates together with the proposals. It would be open for the petitioners to tender the corrected certificate and the proposal if any, directly to the Scrutiny Committee and the Scrutiny Committee shall entertain the same. 5.

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

( 19 ) 6.

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

[S.M. GAVHANE, J.] [R.M. BORDE, J.] / VishalK wp10221.17