Dnyanoba Vyankatrao Adatrao vs The State Of Maharashtra And ...
2017 Latest Caselaw 6558 Bom

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              IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                         BENCH AT AURANGABAD

                       WRIT PETITION NO.10572 OF 2017


 Dnyanoba s/o Vyankatrao Adatrao
 age: 53 years, occu: service,
 R/o Karjkheda Tq. & dist. Osmanabad                                Petitioner


          Versus


 1        The State of Maharashtra
          Through its Secretary,
          Tribal Development Department,
          Mantralaya, Mumbai


 2        The Scheduled Tribe
          Caste Certificate Scrutiny Committee,
          Aurangabad Region, Aurangabad


 3        The Sub-Divisional Officer,
          Osmanabad, Tq. & Dist. Osmanabad


 4        The Executive Magistrate
          Osmanabad, Tq. & Dist. Osmanabad


 5        The Chief Executive Officer,
          Zilha parishad Osmanabad
          Dist. Osmanabad


 6        The Vaidyakiya Officer,
          Zilla Parishad Yunani Hospital,
          At Takwiki, Tq. & Dist. Osmanabad                Respondents

 Mr. E.S. Murge advocate for the petitioner
 Mr. S.G. Karlekar, Assistant Government Pleader for Respondents




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

(Date: August 28th, 2017)

ORAL JUDGMENT (Per: R.M. Borde, J)

1 Heard.

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 Koli Mahadev,

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 Executive Magistrate, Osmanabad on

8.7.1987.

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.

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5 The order impugned in this petition stands 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

Executive Magistrate, Osmanabad for recording corrections in the

certificate already issued to him. The Executive Magistrate,

Osmanabad 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 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.

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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)



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