(1) wp10221.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.10221 OF 2017
Arjun S/o. Rayaba Jampawad .. Petitioner
Age-Major, Occu-Service,
R/o. Kodali, Tq. Udgir,
Dist. Latur
Versus
1. The State of Maharashtra .. Respondents
Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Deputy Collector & District Rehabilitation Officer Dist. Latur WITH WRIT PETITION NO.10209 OF 2017 Sangram Ramchandra Wajire .. Petitioner Age-Major, Occu-Service, R/o.At Post Gavhan, Tq. Udgir, Dist. Latur Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: (2) wp10221.17
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Tahshildar Taluka Executive Magistrate, Udgir, Tq. Udgir, Dist. Latur
4. The Chief Executive Officer, Zilla Parishad, Latur, Dist. Latur WITH WRIT PETITION NO.10210 OF 2017 Gopal So. Harichandra Sarje .. Petitioner Age-Major, Occu-Service, R/o.At Post Yeloriwadi, Tq. Ausa, Dist. Latur Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Executive Magistrate, Ausa Tq. Ausa, Dist. Latur
4. The Chief Engineer, MSEDCL Regional Office, Admin. Bldg. 1st Floor, Old Power Sale Galli, Dist. Latur ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: (3) wp10221.17
5. The Executive Engineer, MSEDCL Division Office, Near Market Yard, Old Power House, Udgir WITH WRIT PETITION NO.10211 OF 2017 Vikas S/o. Pandurang Akoskar .. Petitioner Age-21, Occu-Student, R/o.Kolewadi Post Wanewadi, Tq. & Dist. Osmanabad Versus
1. The State of Maharashtra .. Respondents 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 Officer, Osmanabad Tq. & Dist. Osmanabad
4. Dr. Babasaheb Ambedkar Technological University, Lonere, Dist. Rajgad-402 103 (MS), Through its Registrar WITH WRIT PETITION NO.10212 OF 2017 Nagesh S/o. Shamrao Sarge .. Petitioner Age-Major, Occu-Service, R/o.Thanu Niwas, Datanagar Nilanga Tq. Nilanga, Dist. Latur ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: (4) wp10221.17 Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Executive Magistrate, Nilanga Tq. Nilanga, DIst. Latur
4. 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 WITH WRIT PETITION NO.10213 OF 2017 Sanjeprao S/o. Pandhari Yenchewad .. Petitioner Age-Major, Occu-Service, R/o.At Post Savargaon Rokada, Tq. Ahmednagar, Dist.Latur Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: (5) wp10221.17
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Taluka Executive Magistrate, Ahmedpur Tq. Ahmedpur, Dist. Latur
4. Shri. Mahadev Madhyamik V. Uchha Madhyamik Vidhyalay, Dhanegaon, Through its Headmaster WITH WRIT PETITION NO.10215 OF 2017 Subhash Hanmant Gaikwad .. Petitioner Age-Major, Occu-Service, R/o.Prakash Nagar, Latur, Dist. Latur Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Taluka Executive Magistrate, Umarga Tq. Umarga, Dist. Latur
4. The Chief Executive Officer, Zilla Parishad, Osmanabad ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: (6) wp10221.17 WITH WRIT PETITION NO.10216 OF 2017 Uttam Rukhmaji Dappadwad .. Petitioner Age-48 years, Occu-Service, R/o.Kharbarwadi, Tq. Ahmedpur, Dist. Latur Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Taluka Executive Magistrate, Ahmedpur Tq. Ahmedpur, Dist. Latur
4. The State of Maharashtra Higher and Technical Education Department Mantralaya, Mumbai - 32 Through its Secretary WITH WRIT PETITION NO.10217 OF 2017 Sham S/o. Arjunrao Lekarwale .. Petitioner Age-38 years, Occu-Service, R/o.Salunke Nagar, Bebali Road, Osmanabad, Tq. & Dist. Osmanabad Versus ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: (7) wp10221.17
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Executive Magistrate, Kalamb Tq. Kalamb, Dist. Osmanabad
4. The Chief Officer Nagar Parishad Osmanabad Tq. & Dist. Osmanabad WITH WRIT PETITION NO.10218 OF 2017 Savita D/o. Ganpatrao Bhanje .. Petitioner Age-42 years, Occu-Service, R/o.Vikas Nagar, Udgir, Dist. Latur Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Taluka Executive Magistrate, Udgir Tq. Udgir, Dist. Latur
4. The Chief Executive Officer Zilla Parishad Latur, Dist. Latur ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: (8) wp10221.17 WITH WRIT PETITION NO.10220 OF 2017 Vijaykumar Madhavrao Rodewad .. Petitioner Age-39 years, Occu-Service, R/o.Tondar, Tq. Udgir, Dist. Latur Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Taluka Executive Magistrate, Udgir Tq. Udgir, Dist. Latur
4. The Chief Executive Officer Zilla Parishad Latur, Dist. Latur
5. The Block Development Officer, Panchayat Samiti, Devni, Dist. Latur WITH WRIT PETITION NO.10219 OF 2017 Vimal D/o. Kashinathrao Mudale .. Petitioner Age-Major, Occu-Service, R/o.At Post Bamani, Tq. Udgir, Dist. Latur ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: (9) wp10221.17 Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Taluka Executive Magistrate, Udgir Tq. Udgir, Dist. Latur
4. The Chief Executive Officer Zilla Parishad Latur, Dist. Latur WITH WRIT PETITION NO.10222 OF 2017 Shankar S/o. Digambar Ghante .. Petitioner Age-47 years, Occu-Service, R/o.Narayan Colony, Tq. & Dist. Osmanabad Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: ( 10 ) wp10221.17
3. The Executive Magistrate, Ausa Tq. Dist. Latur
4. The Chief Officer, Zilla Parishad, Osmanabad WITH WRIT PETITION NO.10223 OF 2017 Ramling S/o. Dhondiba Patange .. Petitioner Age-49 years, Occu-Service, R/o.Devlali, Tq. & Dist. Osmanabad Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Executive Magistrate, Osmanabad Tq. Dist. Osmanabad
4. Maharashtra State Electricity Transmission Co. Ltd. Vidyut Bhavan, Old Power Premises, Khokadpura, Aurangabad 431 001 Through its Chief Engineer WITH WRIT PETITION NO.10224 OF 2017 Balaji S/o. Shamrao Bandewad .. Petitioner Age-Major, Occu-Service, R/o.Kolwadi Post-Sawargaon, Tq. Ahamadpur, Dist. Latur ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: ( 11 ) wp10221.17 Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Taluka Executive Magistrate, Ahmadpur Dist. Latur WITH WRIT PETITION NO.10226 OF 2017 Gopal S/o.Bapurao Ankushwad .. Petitioner Age-Major years, Occu-Service, R/o.Kolewadi Post-Savargaon, Tq. Ahamadpur, Dist. Latur Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Taluka Executive Magistrate, Ahmadpur Tq. Ahmedpur, Dist. Latur
4. The Chief Executive Officer, Zila Parishad, Latur Tq. & Dist. Latur ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: ( 12 ) wp10221.17 WITH WRIT PETITION NO.10225 OF 2017 Bhagwat S/o. Digambar Ghante .. Petitioner Age-59 years, Occu-Nill, R/o.Upchunda, Post-Jawali, Tq. Ausa, Dist. Latur Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Executive Magistrate, Ausa Dist. Latur
4. The Chief Executive Officer, Zila Parishad, Osmanabad WITH WRIT PETITION NO.10227 OF 2017 Suryakant S/o. Maroti Sarge .. Petitioner Age-53 years, Occu-Service, R/o.At Hasala, Post-Budhoda, Tq. Ausa, Dist. Latur Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: ( 13 ) wp10221.17
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Executive Magistrate, Ausa Tq. Ausa, Dist. Latur
4. The District Civil Surgeon, Latur Near Gandhi Chowk, Police Station, Old Z.P.School, Latur-413 512 Dist. Latur WITH WRIT PETITION NO.10229 OF 2017 Chandrahas S/o. Manik Surwase .. Petitioner Age-Major, Occu-Service, R/o.At Post Selu, Tq. Ausa, Dist. Latur Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Executive Magistrate, Ausa Tq. Ausa, Dist. Latur ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: ( 14 ) wp10221.17 WITH WRIT PETITION NO.10228 OF 2017 Appasha S/o. Sidram Koli .. Petitioner Age-53 years, Occu-Service, R/o.At Asta (Kasar), Tq. Lohara, Dist. Osmanabad Versus
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Executive Magistrate, Umarga Tq. Umarga, Dist. Osmanabad
4. The Executive Engineer, Latur Latur Irrigation Division Latur, Sinchan Bhavan Old Aus Road, Latur WITH WRIT PETITION NO.10230 OF 2017 Anant Marotirao Tarlawad .. Petitioner Age-Major, Occu-Service, R/o.Rajura (Bu), Tq. Mukhed, Dist. Nandad Versus ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: ( 15 ) wp10221.17
1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary
2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary
3. The Tahasildar & Taluka Executive Magistrate, Mukhed, Tq. Mukhed, Dist. Nanded
4. 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 2017 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.
::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 :::( 16 ) wp10221.17
2. 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.
3. Issue raised in the instant matter is no more res-integra and is covered by the decision rendered in ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: ( 17 ) wp10221.17 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.
4. 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 sub-
Divisional Officers, without embarking upon further enquiry into matter, on the basis of Tribe certificate ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 ::: ( 18 ) wp10221.17 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.
::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 :::( 19 ) wp10221.17
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 ::: Uploaded on - 01/09/2017 ::: Downloaded on - 02/09/2017 01:50:10 :::