Bombay High Court
Kishan Ramji Kopurwad vs Scheduled Tribe Certificate ... on 21 August, 2017
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.10284 OF 2017
Vilas Vitthalrao Yamode,
age; 42 years, occu: service,
R/o Sawarmal, Tq. Mukhed,
Dist. Nanded Petitioner
Versus
1 Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad
Through its Member Secretary
2 Sub divisional Officer,
Degloor, Dist. Nanded Respondents
WITH
WRIT PETITION NO.10286 OF 2017
Jayshree d/o Venkatrao Suryawad,
Age: 30 years, occu: education,
R/o Naigaon, Tq. Naigaon,
Dist. Nanded Petitioners
versus
1 Scheduled Tribe Certificate
Scrutiny Committee,
Aurangabad Division, Aurangabad
through its Member Secretary
2 Sub Divisional Officer,
Biloli, Dist. Nanded Respondents
WITH
WRIT PETITION NO.10287 OF 2017
Sainath S/o Pandhari Pujarwad,
Age: 24 years, occu: service,
R/o Ratnali, Tq. Dharmabad,
Dist. Nanded Petitioner
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versus
1 Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad
Through Its Member Secretary,
2 Sub Divisional Officer,
Dharamabad, Dist. Nanded
3 Superintendent of Police,
Sangli, Dist. Sangli Respondents
WITH
WRIT PETITION NO.10289 OF 2017
Sadashiv S/o Mahajan Jakkewad,
age: 60 years, occu: pensioner,
R/o Ghungrala, Tq. Naigaon,
Dist. Nanded Petitioners
versus
1 Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad
through Its Member Secretary
2 Sub Divisional Officer,
Biloli, Tq. Biloli,
Dist. Nanded Respondents
WITH
WRIT PETITION NO.10296 OF 2017
Kishan S/o Ramji Kopurwad,
age: 40 yers, occu: service,
R/o Biloli, Tq. Biloli, Dist. Nanded Petitioners
versus
1 Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad
through Its Members Secretary
2 Sub Divisional Officer,
Biloli, Tq. Biloli, Dist. Nanded
3 Superintendent of Police,
Beed, Dist. Beed Respondents
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WITH
WRIT PETITION NO.10295 OF 2017
Datta S/o Munjaji Vibhute,
age: 53 years, occu: service,
R/o Shirad Shahapur, Tq. Aundha,
Dist. Hingoli Petitioner
versus
1 Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad
Through Its Member Secretary
2 Sub Divisional Officer,
Basmathnagar, Tq. Basmathnagar,
Dist. Hingoli. Respondents
Mr.S.G. Phatale advocate for the petitioners
Mr.S.G. Karlekar, Mr.S.B. Pulkundwar, Assistant Government Pleaders
for Respondent Nos.1, 2 and 3
_______________
CORAM : R. M. BORDE & S. M. GAVHANE, JJ.
(Date: August 21, 2017)
ORAL JUDGMENT
(Per: R.M. Borde, J)
1 Heard.
2 Rule. With the consent of the parties, petitions are taken up
for final decision at admission stage.
3 The petitioners are taking exception to the decision
rendered by the scrutiny committee, directing invalidation of the
tribe certificates issued to, certifying that they belong to
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Mannervarlu or Koli Mahadev, scheduled tribe, on technical
ground of occurrence of spelling mistake, or discrepancies in
writing the nomenclature of the tribe in the certificate issued by
the concerned Sub divisional Officer.
4 The issue raised in these petitions 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 petitions also
deserve to be allowed and the same are accordingly allowed.
5 The orders impugned in the instant petitions stand
quashed and set aside. The Scrutiny Committee is directed to
return the original tribe certificates produced by the petitioners
before it, within four weeks from today. The petitioners shall
tender an undertaking to the Scrutiny Committee that, the
concerned petitioners would approach the concerned competent
issuing authority for ratifying the spelling mistakes/discrepancies
in recording the nomenclature of the tribe and shall produce the
corrected certificates within a period of eight weeks from the
date of receipt of the original certificates. The petitioners shall
approach the concerned Sub divisional Officer for recording
corrections in the tribe certificates already issued to them. The
concerned Sub Divisional Officer shall issue corrected certificates
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within a period of four weeks from the date of approach of the
individual petitioners, without embarking upon any further
enquiry in the matter. On receipt of corrected certificates, same
shall be produced before the Scrutiny Committee, within a period
of four weeks from the date of its receipt. The Scrutiny
Committee shall, thereafter proceed to decide the claims of the
petitioners for validation of the tribe certificates and render
decision on the proposals, within a period of one year from the
date of receipt of the corrected certificates together with
proposals if any. It would be open for the petitioners to tender
the corrected certificates and the proposal directly to the
Scrutiny Committee and the Scrutiny Committee shall entertain
the same and shall proceed to decide the matters on its own
merit and shall not reject it on any technical grounds.
Rule is made absolute in the above terms.
There shall be no order as to costs.
In the meanwhile, no coercive action be taken against the
petitioners, merely on the ground of invalidation of the tribe
certificates on technical grounds.
(S. M. GAVHANE, J) (R. M. BORDE, J)
vbd
