Bombay High Court
Babu Yamanaji Anmulwad vs The State Of Maharashtra And ... on 14 August, 2017
Bench: R.M. Borde
(1) wp10115.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10115 OF 2017
Babu w/o. Yamanaji Anmulwad .. Petitioner
Age. 26 years, Occ. Service,
R/o. Wadikar Niwas, Shyam Nagar,
Biloli Road, Narsi, Tq. Naigaon,
Dist. Nanded.
Versus
1. The State of Maharashtra .. Respondents
Through Secretary to Tribal
Development Department,
Mantralaya, Mumbai.
2. The Scheduled Tribe Certificate
Verification Committee, Aurangabad
Through its Deputy Director ®,
Aurangabad.
3. The Deputy Collector,
E.G.S. Nanded, Dist. Nanded.
Mr.R.D. Sakhare, Advocate for the petitioner.
Mr.S.G.Karlekar, A.G.P. for respondent/State.
CORAM : R.M. BORDE &
S.M.GAVHANE,JJ.
DATED : 14.08.2017
(2) wp10115.17
ORAL JUDGMENT : [PER : R.M. BORDE,J.] :-
1. Heard. Leave to add party.
2. Rule. Rule made returnable forthwith and heard
finally with the consent of parties.
3. For the reasons recorded while disposing of Writ
Petition No.6263 of 2017 and other companion petitions on
26.06.2017, the instant petition also deserves to be
allowed and the same is accordingly allowed.
4. The Scrutiny Committee shall return the original
tribe certificate produced by the petitioner within a
period of four weeks from today. The petitioner shall
tender an undertaking to the Scrutiny Committee that he
would approach the Competent Authority for ratifying the
spelling mistake occurred while recording name of the
tribe and shall produce the correct certificate within a
period of eight weeks from the date of receipt of
(3) wp10115.17
original certificate (which has been produced to the
Scrutiny Committee). The concerned competent authority
on receipt of application together with original tribe
certificate issued in favour of the petitioner, shall
make necessary correction in respect of name of the tribe
(correct the spelling of tribe) and record the same in
consonance with the relevant entry in respect of tribe in
the Schedule to the Constitutional Order. The corrected
certificate shall be issued by the Competent Authority
within four weeks from the date of the approach of the
petitioner, without embarking upon any enquiry since the
holder of the certificate, since holder of the
certificate had received the same from the competent
authority after conducting due enquiry. On receipt of
the corrected tribe certificate, the petitioner shall
submit the same to the Scrutiny Committee. The Scrutiny
Committee shall proceed to decide the matter and take
decision on the proposal in respect of verification of
the Tribe Certificate on merits and in accordance with
law, as expeditiously as possible and preferably within
(4) wp10115.17
one year from the date of receipt of corrected tribe
certificate from the petitioner.
5. During the pendency of the tribe certificate
verification claim, no adverse action shall be taken
against the petitioner.
6. Rule is accordingly made absolute. There shall
be no order as to costs.
[S.M.GAVHANE,J.] [R.M.BORDE,J.]
snk/2017/AUG17/wp10115.17
