Bombay High Court
Shesherao Vyankat Adatrao vs The State Of Maharashtra And ... on 28 August, 2017
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.10573 OF 2017
Sheshrao s/o Vyankat Adatrao
age: 55 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 Tahsildar & Taluka Executive Magistrate
Osmanabad, Tq. & Dist. Osmanabad
5 The Superintendent of Police,
Aurangabad (Gramin) Dist. Aurangabad
6 The Superintendent of Police,
Superintendent Police Office, Beed
Dist. Beed Respondents
Mr. E.S. Murge advocate for the petitioner
Mr. P.S. Patil, 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 Taluka Executive Magistrate, Osmanabad on
7.6.1980.
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 quashed and set
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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
Taluka Executive Magistrate, Osmanabad for recording
corrections in the certificate already issued to him. The Taluka
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)
vbd
