Malikarjun Balaji Akulwad v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:25939-DB 35.WP.11776.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11776 OF 2024 MALIKARJUN BALAJI AKULWAD

VERSUS

1. THE STATE OF MAHARASHTRA THROUGH SECRETARY TO TRIBAL DEVELOPMENT DEPT. MANTRALAYA, MUMBAI

2. THE SCHEDULED TRIBE CERTIFICATE VERIFICATION COMMITTEE KINWAT HEAD QUARTER AT CHH. SAMBHAJINAGAR, THR. ITS DY. DIRECTOR (R) CHH. SAMBHAJINAGAR

3. THE SUB DIVISIONAL OFFICER KANDHAR, DIST. NANDED ...

Advocate for the Petitioner : Mr. Sunil Mahadevappa Vibhute AGP for Respondents: Mr. S.R. Yadav - Lonikar ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 21.10.2024 PER COURT:

Heard both the sides.

2.

The petitioner's surname is 'Akulwad' and the fact can be substantiated from the Secondary School Certificate, the mark-sheet of 12th Standard issued by the Maharashtra State Board of Secondary and Higher Secondary Education, Pune and the passing certificate issued by the Maharashtra University of Health Sciences, Nashik (Exhibit-B collectively).

3.

The petitioner was even before this Court in Writ Petition No.13560/2023 challenging the order of the Scrutiny Committee 1/2

35.WP.11776.24.odt invalidating his tribe certificate of 'Mannervarlu' scheduled tribe, with the same surname. Pursuant to our order dated 12.08.2024 in that writ petition he has been issued with the certificate of validity. However, in the tribe certificate which the petitioner possesses (Exhibit-A) his surname appeared as 'Akalwad' and consequently the Committee has issued a certificate of validity with the same surname as 'Akalwad'. 4.

There being no dispute about identity, since the petitioner himself possesses that certificate of validity, we dispose of the writ petition, directing the petitioner to appear before the respondent - competent authority within a week and surrender his original tribe certificate, whereupon, the competent authority shall in a day or two issue him tribe certificate in the correct format with the surname as 'Akulwad'. The petitioner shall thereafter submit his original tribe certificate with corrected name before the respondent scrutiny committee and surrender the original validity certificate before the Committee. The Committee shall, thereafter, issue him a fresh certificate of validity with the surname 'Akulwad' within two days thereafter. (SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 2/2