Rameshwar Vishavmbar Gundewad vs Scheduled Tribe Certificate ...
2017 Latest Caselaw 5722 Bom

                                     (1)                             wp8360.17

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                       WRIT PETITION NO. 8360 OF 2017

Rameshwar Vishavmbar Gundewad                         ..       Petitioner
Age.25 years, Occ. Service,
R/o. Therban, Tq. Bhokar, 
Dist. Nanded.

                                    Versus

1.    Scheduled Tribe Certificate                     ..       Respondents
      Scrutiny Committee, Aurangabad,
      Through its Member Secretary

2.    Sub-Divisional Officer,
      Bhokar, Dist. Nanded.

3.    Block Development Officer,
      Panchayat Samitee Office,
      Barshi, Dist. Solapur.

Mr.Sagar S. Phatale, Advocate for the petitioner. 
Mr.A.V. Deshmukh, A.G.P. for respondent/State.


                                     CORAM :  R.M. BORDE &
                                              S.M.GAVHANE,JJ.

DATED : 07.08.2017

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

1. Heard.

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2. Rule. With the consent of the parties, petition

is taken up for final disposal at the stage of admission.

3. This petition is taking exception to the

decision rendered by the Scrutiny Committee directing

invalidation of Tribe Certificate issued to the

petitioner as belonging to "Mannervarlu" - Scheduled

Tribe on technical ground of occurrence of spelling

mistake in recording name of the Tribe in the Certificate

issued to the petitioner by the Sub-Divisional Officer,

Bhokar on 09.07.2009.

4. The issue raised in the instant matter is no

more res-integra and is covered by the decision rendered

in Writ Petition No.6263 of 2017 and other companion

matters. For the reasons recorded in the judgment

referred to above, the instant petition also deserves to

be allowed and the same is accordingly allowed.

5. The order impugned in this petition stands

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quashed and set aside. The Scrutiny Committee is

directed to return the original Tribe Certificate

produced by the petitioner before it, within four weeks

from today. The petitioner shall tender an undertaking

to the Scrutiny Committee that he 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 Sub-

Divisional Officer, Bhokar for recording corrections in

the Certificate already issued to him. The Sub-

Divisional Officer, Bhokar shall issue corrected

certificate within a period of four weeks from the date

of approach of the petitioner, without embarking upon

further enquiry in the matter. On receipt of corrected

Certificate, 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 petitioner for validation of

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the Tribe Certificate and render decision on the proposal

within a period of one year from the date of receipt of

corrected Certificate together with the proposal. It

would be open for the petitioner to tender the corrected

Certificate and the proposal directly to the Scrutiny

Committee and the Scrutiny Committee shall entertain the

same.

6. Rule is made absolute accordingly in above

terms. There shall be no order as to costs.

7. In the meanwhile, no coercive action be taken

against the petitioner merely on the ground of

invalidation of Tribe Certificate on technical ground.

       [S.M.GAVHANE,J.]                           [R.M.BORDE,J.]

snk/2017/AUG17/wp8360.17