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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.6671 OF 2017
Devanand Pandurang Akoskar, .. Petitioner
Age : 25 years, Occu : Service,
R/o : Kolewadi, Tq. &
Dist. Osmanabad
VERSUS
1. The State of Maharashtra, .. Respondents
Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer/ Magistrate, Osmanabad, Tq. Dist. Osmanabad.
4. The Deputy Superintendant of Police, Office of Deputy Superintendent of Police, Osmanabad, Tq. & Dist Osmanabad.
WITH WRIT PETITION NO.6659 OF 2017 Maheshkumar Marotirao Tumawar, .. Petitioner Age : 28 years, Occ.Service, R/o : Degloor, Tq. Degloor Dist. Nanded Versus ::: Uploaded on - 07/09/2017 ::: Downloaded on - 08/09/2017 01:31:49 ::: (2) wp6671.17
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Development Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer/ Degloor, Tq. Degloor, Dist. Nanded.
4. The Executive Engineer, Maharashtra State Electricity Distribution Company Limited, Jalna, Tq. & Dist. Jalna.
WITH WRIT PETITION NO. 6660 OF 2017 Nirmala Hanumantrao Marakwad, .. Petitioner Age : 37 years, occ. Service, R/o : Shekapur, Tq. Kandhar, Dist. Nanded VERSUS
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Development Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer, Kandhar, Tq. Kandhar, Dist. Nanded.
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4. The Chief Executive Officer, Zilla Parishad, Hingoli, Tal. & Dist. Hingoli WITH WRIT PETITION NO. 6661 OF 2017 Pradip Balasaheb Akoskar, .. Petitioner Age : 29 years, Occu : Service, R/o : Kolewadi, Tq & Dist. Osmanabad VERSUS
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer/ Magistrate,Osmanabad,Tq. Dist, Osmanabad.
4. The Superintendant, Late. Shankarlal Mundada Matimand Mulanche Balgruh, Jalna Tq. & Dist. Jalna.
WITH WRIT PETITION NO. 6662 OF 2017 Anna Madhav Koli, .. Petitioner Age 28 years,Occu: Service, R/o : Kawalewadi,Tq.
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& Dist.Osmanabad.
VERSUS
1. The State of Maharashtra, .. Respondents
Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer/ Magistrate,Osmanabad,Tq. Dist, Osmanabad.
4. The Divisional Controller, Maharashtra State Road Transportation Corporation, Osmanabad, Tq. & Dist.Osmanabad.
WITH WRIT PETITION NO. 6663 OF 2017 Baban Vishnu Rao, .. Petitioner Age : 46 years, Occu : Service, R/o : Khedgaon, Tq. Ambad, Dist. Jalna.
VERSUS
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate ::: Uploaded on - 07/09/2017 ::: Downloaded on - 08/09/2017 01:31:49 ::: (5) wp6671.17 Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer/ Magistrate,Ambad,Tq.Ambad, Dist. Jalna.
4. The Chief Executive Officer, Zilla Parishad, Jalna, Tq. & Dist. Jalna.
WITH WRIT PETITION NO. 6664 OF 2017 Khanderao Malhari Yermunwad, .. Petitioner Age : 44 years, Occu: Service, R/o : Sunegaon, Tq. Kandhar, Dist. Nanded.
VERSUS
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32.
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer/ Magistrate, Kandhar, Tq.Kandhar, Dist. Nanded.
4. The Headmaster, Late. Vishwanathrao Nalage Secondary and Higher Secondary Vidyalaya, Vitthalwadi, Tq. Loha,Dist.Nanded.
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WITH
WRIT PETITION NO. 6665 OF 2017 Suksham Ambadas Chantampalle, .. Petitioner Age : 33 years, Occu :Service, R/o : Madansuri, Tq. Nilanga, Dist. Latur VERSUS
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer/ Magistrate,Nilanga,Tq. Nilanga, Dist.Latur.
4. The Chief Executive Officer, Zilla Parishad, Osmanabad, Tq. & Dist.Osmanabad.
5. The District Health Officer, Zilla Parishad, Osmanabad Tq. & Dist. Osmanabad.
6. The Medical officer, Primary Health Centre, Nay Chakur, Tq. Omerga, Dist. Osmanabad.
WITH WRIT PETITION NO. 6666 OF 2017 ::: Uploaded on - 07/09/2017 ::: Downloaded on - 08/09/2017 01:31:49 ::: (7) wp6671.17 Gajanan Sudarshan Dumalwad, .. Petitioner Age : 23 years, Occu : Service, R/o : Kandil, Tq.Bhokar, Dist. Nanded VERSUS
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer Bhokar,Tq.Bhokar,Dist.Nanded.
4. The Commissioner of Police, Thane, Tq. & Dist.Thane.
WITH WRIT PETITION NO. 6667 OF 2017 Madan Sahebrao Sonwane, .. Petitioner Age : 49 years, Occu:
Service,R/o : Ramasgaon, Tq.Ambad,Dist. Jalna, VERSUS
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate ::: Uploaded on - 07/09/2017 ::: Downloaded on - 08/09/2017 01:31:49 ::: (8) wp6671.17 Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer/ Magistrate, Ambad, Tq.Ambad Dist.Jalna.
4. The Superintendent of Police, Jalna, Tq. & Dist. Jalna.
WITH WRIT PETITION NO. 6668 OF 2017 Keshav Dattataram Upawad, .. Petitioner Age : 55 years, Occu : Service, R/o : Mangalsangvi, Tq.Kandhar, Dist. Nanded VERSUS
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Development Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer Kandhar,Tq. Kandhar, Dist.Nanded
4. The Superintendent of Police, Nanded, Tq. & Dist. Nanded.
WITH WRIT PETITION NO. 6669 OF 2017 Shriram Vyankoba Mardode, .. Petitioner ::: Uploaded on - 07/09/2017 ::: Downloaded on - 08/09/2017 01:31:49 ::: (9) wp6671.17 Age : 62 years, Occu: Service, R/o : Joshisangvi, Tq. Kandhar, Dist. Nanded VERSUS
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Development Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer Kandhar, Tq.Kandhar, Dist. Nanded.
WITH WRIT PETITION NO. 6670 OF 2017 Sheshrao Deorao Pupalwad, .. Petitioner Age : 57 years, Occu: Service, R/o : Bachoti, Tq. Kandhar, Dist. Nanded.
VERSUS
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Development Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer Kandhar, Tq.Kandhar, Dist. Nanded.
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WITH
WRIT PETITION NO. 6675 OF 2017 Pratiksha Devidas Mardode, .. Petitioner Age : Minor, Occu: Student, Under guardian of father Devidas Bhujangrao Mardode, Age :- 45 years, Occ.Service, R/o : Jogeshwari Tq. Loha, Dist. Nanded.
VERSUS
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Development Department, Mantralaya,Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer Kandhar, Tq.Kandhar, Dist. Nanded.
WITH WRIT PETITION NO. 6676 OF 2017 Supriya Shivaji Ramshetwad, .. Petitioner Age : Minor, Occu: Student, Under guardian of mother Sushila Shivaji Ramshetwad, Age :- 38 years, Occ.Service, R/o : Bendri, Tq.Bhokar, Dist. Nanded.
VERSUS
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1. The State of Maharashtra, .. Respondents
Through it's Secretary, Tribal Development Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer, Bhokar, Tq.Bhokar, Dist.Nanded WITH WRIT PETITION NO. 6677 OF 2017 Pooja Satish Karod, .. Petitioner Age : 22 years, Occu: Student, R/o : Hudco, Nanded, Tq. & Dist. Nanded.
VERSUS
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Development Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer Nanded, Tq.Nanded, Dist. Nanded.
4. The Registrar, Shri Gurugovind Singhji Institute of Engineering and Technology ::: Uploaded on - 07/09/2017 ::: Downloaded on - 08/09/2017 01:31:49 ::: ( 12 ) wp6671.17 Government College, Nanded Tq. & Dist. Nanded WITH WRIT PETITION NO. 6678 OF 2017 Gitanjali Balaji Kastewad, .. Petitioner Age : 23 years, Occ.Student, R/o : Honwadaj Wadi, Mukhed, Tq. Mukhed, Dist. Nanded.
VERSUS
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Devlopment Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer Degloor, Tq.Degloor, Dist. Nanded.
4. The Registrar, Shri Gurugovind Singhji Institute of Engineering and Technology Government College, Nanded, Tq. & Dist.Nanded.
WITH WRIT PETITION NO. 6679 OF 2017 Ramesh Hanmantrao Kondalwade, .. Petitioner Age : 21 years, Occu: Student, R/o : Mangnali, Dharmabad, Tq.Dharmabad,Dist. Nanded.
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VERSUS
1. The State of Maharashtra, .. Respondents
Through it's Secretary, Tribal Devlopment Department, Mantralaya, Mumbai- 32
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer Dharmabad, Tq.Dharmabad, Dist. Nanded.
4. The Dean, Dr. Shankarrao Chavan Govt. Medical College, Dist. Nanded
5. The Registrar, Nashik University of Health Sciences, Dist. Nashik.
WITH WRIT PETITION NO. 6680 OF 2017 Sunil Kalyan Suryawanshi, .. Petitioner Age : 30 years, Occu: Service, R/o : Aleshwar, Tq. Paranda, Dist. Osmanabad.
VERSUS
1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32 ::: Uploaded on - 07/09/2017 ::: Downloaded on - 08/09/2017 01:31:49 ::: ( 14 ) wp6671.17
2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)
3. The Sub-Divisional Officer /Magistrate, Bhoom, Tq.Bhoom, Dist.Osmanabad.
Mr.Pratap P. Jadhavar, Advocate for the petitioners. Mr.P.V. Patil, A.G.P. for respondents/State.
CORAM : R.M. BORDE & S.M.GAVHANE,JJ.
DATED : 31.08.2017 ORAL JUDGMENT : [PER : R.M. BORDE,J.] :-
1. Heard.
2. Rule. With the consent of the parties, the petitions are taken up for final disposal at the stage of admission.
3. The petitioners claim to belonging to Scheduled Tribe category and are taking exception to the orders passed by the Scrutiny Committee in different matters directing invalidation of Tribe Certificates issued to them on technical ground of error in spelling mistake or ::: Uploaded on - 07/09/2017 ::: Downloaded on - 08/09/2017 01:31:49 ::: ( 15 ) wp6671.17 error in recording nomenclature of the tribe. The petitioners claim to belonging either to "Mannervarlu" or "Koli Mahadev". In case of some of the petitioners, there occurred spelling mistake in recording name of tribe as "Mannervarlu"; whereas in certain matters, instead of recording name of the tribe as "Koli Mahadev", same is recorded as "Mahadev Koli". On aforesaid ground of erroneous recording of name of the Tribe in the Certificate, the Scrutiny Committee has directed invalidation of the Tribe Certificates issued in favour of the petitioners.
4. The issue raised in the instant matters is no more res-integra and is covered by the decision rendered by this Court in 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.
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5. The impugned orders in the instant petitions stand quashed and set aside. The Scrutiny Committee is directed to return the original Tribe Certificate produced by individual petitioner within a period of four weeks from today. The petitioners shall tender an undertaking to the Scrutiny Committee that they would approach the concerned Authority for ratifying spelling mistake or recording corrections in the Tribe Certificates issued to them and shall produce corrected certificate within a period of eight weeks from the date of receipt of original certificate. The petitioners shall approach the concerned Sub-Divisional Officer/competent authority for recording corrections in the Tribe Certificate already issued to them. The concerned Sub-Divisional Officer/competent authority on production of original tribe certificate by each of the individual petitioner, shall record necessary correction in the Tribe Certificate and shall issue corrected tribe certificate within a period of four weeks from the date of receipt of the application. The petitioner shall ::: Uploaded on - 07/09/2017 ::: Downloaded on - 08/09/2017 01:31:49 ::: ( 17 ) wp6671.17 produce corrected Tribe Certificate to the Scrutiny Committee directly and the concerned Committee shall proceed to render decision on the proposal in respect of validation of the Tribe Certificate within a period of one year from the date of receipt of corrected certificate together with proposal, if any.
6. In the meanwhile, no coercive action be taken against the petitioners, merely on the ground of invalidation of Tribe Certificates on technical ground.
7. Rule is made absolute accordingly in above terms. There shall be no order as to costs.
[S.M.GAVHANE,J.] [R.M.BORDE,J.] snk/2017/AUG17/wp6671.17 ::: Uploaded on - 07/09/2017 ::: Downloaded on - 08/09/2017 01:31:49 :::