Balaji Shamrao Bandewad vs The State Of Maharashtra And ...
2017 Latest Caselaw 6596 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                       WRIT PETITION NO.10221 OF 2017

Arjun S/o. Rayaba Jampawad                            ..       Petitioner
Age-Major, Occu-Service,
R/o. Kodali, Tq. Udgir,
Dist. Latur

      Versus

1.    The State of Maharashtra                        ..       Respondents

Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Deputy Collector & District Rehabilitation Officer Dist. Latur

WITH WRIT PETITION NO.10209 OF 2017

Sangram Ramchandra Wajire .. Petitioner Age-Major, Occu-Service, R/o.At Post Gavhan, Tq. Udgir, Dist. Latur

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Tahshildar Taluka Executive Magistrate, Udgir, Tq. Udgir, Dist. Latur

4. The Chief Executive Officer, Zilla Parishad, Latur, Dist. Latur

WITH WRIT PETITION NO.10210 OF 2017 Gopal So. Harichandra Sarje .. Petitioner Age-Major, Occu-Service, R/o.At Post Yeloriwadi, Tq. Ausa, Dist. Latur

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Executive Magistrate, Ausa Tq. Ausa, Dist. Latur

4. The Chief Engineer, MSEDCL Regional Office, Admin. Bldg. 1st Floor, Old Power Sale Galli, Dist. Latur

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5. The Executive Engineer, MSEDCL Division Office, Near Market Yard, Old Power House, Udgir

WITH WRIT PETITION NO.10211 OF 2017

Vikas S/o. Pandurang Akoskar .. Petitioner Age-21, Occu-Student, R/o.Kolewadi Post Wanewadi, Tq. & Dist. Osmanabad

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

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

4. Dr. Babasaheb Ambedkar Technological University, Lonere, Dist. Rajgad-402 103 (MS), Through its Registrar

WITH WRIT PETITION NO.10212 OF 2017

Nagesh S/o. Shamrao Sarge .. Petitioner Age-Major, Occu-Service, R/o.Thanu Niwas, Datanagar Nilanga Tq. Nilanga, Dist. Latur

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Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Executive Magistrate, Nilanga Tq. Nilanga, DIst. Latur

4. The Maharashtra State Road Transport Central Office, Maharashtra Transport Bhavan, Dr. Anandrao Nayar, Mumbai-400 008 Through its Chief Controller

5. The Divisional Controller, State Transport, Osmanabad

6. The Sub-Divisional Officer, Nilanga Tq. Nilanga, Dist. Nilanga

WITH WRIT PETITION NO.10213 OF 2017

Sanjeprao S/o. Pandhari Yenchewad .. Petitioner Age-Major, Occu-Service, R/o.At Post Savargaon Rokada, Tq. Ahmednagar, Dist.Latur

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Taluka Executive Magistrate, Ahmedpur Tq. Ahmedpur, Dist. Latur

4. Shri. Mahadev Madhyamik V. Uchha Madhyamik Vidhyalay, Dhanegaon, Through its Headmaster

WITH WRIT PETITION NO.10215 OF 2017

Subhash Hanmant Gaikwad .. Petitioner Age-Major, Occu-Service, R/o.Prakash Nagar, Latur, Dist. Latur

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Taluka Executive Magistrate, Umarga Tq. Umarga, Dist. Latur

4. The Chief Executive Officer, Zilla Parishad, Osmanabad

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WITH WRIT PETITION NO.10216 OF 2017

Uttam Rukhmaji Dappadwad .. Petitioner Age-48 years, Occu-Service, R/o.Kharbarwadi, Tq. Ahmedpur, Dist. Latur

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Taluka Executive Magistrate, Ahmedpur Tq. Ahmedpur, Dist. Latur

4. The State of Maharashtra Higher and Technical Education Department Mantralaya, Mumbai - 32 Through its Secretary

WITH WRIT PETITION NO.10217 OF 2017

Sham S/o. Arjunrao Lekarwale .. Petitioner Age-38 years, Occu-Service, R/o.Salunke Nagar, Bebali Road, Osmanabad, Tq. & Dist. Osmanabad

Versus

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1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Executive Magistrate, Kalamb Tq. Kalamb, Dist. Osmanabad

4. The Chief Officer Nagar Parishad Osmanabad Tq. & Dist. Osmanabad WITH WRIT PETITION NO.10218 OF 2017

Savita D/o. Ganpatrao Bhanje .. Petitioner Age-42 years, Occu-Service, R/o.Vikas Nagar, Udgir, Dist. Latur

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Taluka Executive Magistrate, Udgir Tq. Udgir, Dist. Latur

4. The Chief Executive Officer Zilla Parishad Latur, Dist. Latur

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WITH WRIT PETITION NO.10220 OF 2017

Vijaykumar Madhavrao Rodewad .. Petitioner Age-39 years, Occu-Service, R/o.Tondar, Tq. Udgir, Dist. Latur

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Taluka Executive Magistrate, Udgir Tq. Udgir, Dist. Latur

4. The Chief Executive Officer Zilla Parishad Latur, Dist. Latur

5. The Block Development Officer, Panchayat Samiti, Devni, Dist. Latur

WITH WRIT PETITION NO.10219 OF 2017

Vimal D/o. Kashinathrao Mudale .. Petitioner Age-Major, Occu-Service, R/o.At Post Bamani, Tq. Udgir, Dist. Latur

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Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Taluka Executive Magistrate, Udgir Tq. Udgir, Dist. Latur

4. The Chief Executive Officer Zilla Parishad Latur, Dist. Latur

WITH WRIT PETITION NO.10222 OF 2017

Shankar S/o. Digambar Ghante .. Petitioner Age-47 years, Occu-Service, R/o.Narayan Colony, Tq. & Dist. Osmanabad

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

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3. The Executive Magistrate, Ausa Tq. Dist. Latur

4. The Chief Officer, Zilla Parishad, Osmanabad

WITH WRIT PETITION NO.10223 OF 2017

Ramling S/o. Dhondiba Patange .. Petitioner Age-49 years, Occu-Service, R/o.Devlali, Tq. & Dist. Osmanabad

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Executive Magistrate, Osmanabad Tq. Dist. Osmanabad

4. Maharashtra State Electricity Transmission Co. Ltd. Vidyut Bhavan, Old Power Premises, Khokadpura, Aurangabad 431 001 Through its Chief Engineer

WITH WRIT PETITION NO.10224 OF 2017

Balaji S/o. Shamrao Bandewad .. Petitioner Age-Major, Occu-Service, R/o.Kolwadi Post-Sawargaon, Tq. Ahamadpur, Dist. Latur

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Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Taluka Executive Magistrate, Ahmadpur Dist. Latur

WITH WRIT PETITION NO.10226 OF 2017 Gopal S/o.Bapurao Ankushwad .. Petitioner Age-Major years, Occu-Service, R/o.Kolewadi Post-Savargaon, Tq. Ahamadpur, Dist. Latur

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Taluka Executive Magistrate, Ahmadpur Tq. Ahmedpur, Dist. Latur

4. The Chief Executive Officer, Zila Parishad, Latur Tq. & Dist. Latur

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WITH WRIT PETITION NO.10225 OF 2017

Bhagwat S/o. Digambar Ghante .. Petitioner Age-59 years, Occu-Nill, R/o.Upchunda, Post-Jawali, Tq. Ausa, Dist. Latur

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Executive Magistrate, Ausa Dist. Latur

4. The Chief Executive Officer, Zila Parishad, Osmanabad

WITH WRIT PETITION NO.10227 OF 2017 Suryakant S/o. Maroti Sarge .. Petitioner Age-53 years, Occu-Service, R/o.At Hasala, Post-Budhoda, Tq. Ausa, Dist. Latur

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Executive Magistrate, Ausa Tq. Ausa, Dist. Latur

4. The District Civil Surgeon, Latur Near Gandhi Chowk, Police Station, Old Z.P.School, Latur-413 512 Dist. Latur

WITH

WRIT PETITION NO.10229 OF 2017

Chandrahas S/o. Manik Surwase .. Petitioner Age-Major, Occu-Service, R/o.At Post Selu, Tq. Ausa, Dist. Latur

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Executive Magistrate, Ausa Tq. Ausa, Dist. Latur

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WITH WRIT PETITION NO.10228 OF 2017

Appasha S/o. Sidram Koli .. Petitioner Age-53 years, Occu-Service, R/o.At Asta (Kasar), Tq. Lohara, Dist. Osmanabad

Versus

1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Executive Magistrate, Umarga Tq. Umarga, Dist. Osmanabad

4. The Executive Engineer, Latur Latur Irrigation Division Latur, Sinchan Bhavan Old Aus Road, Latur

WITH

WRIT PETITION NO.10230 OF 2017

Anant Marotirao Tarlawad .. Petitioner Age-Major, Occu-Service, R/o.Rajura (Bu), Tq. Mukhed, Dist. Nandad

Versus

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1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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

3. The Tahasildar & Taluka Executive Magistrate, Mukhed, Tq. Mukhed, Dist. Nanded

4. The Chief Executive Officer, Zilla Parishad, Latur

5. The Education Officer (Secondary), Zilla Parishad, Latur

6. Bapuji Madhyamik Va Uchya Madhyamik Vidhyalay, Sawagaon, Through its Headmaster

Mr.Vivek U. Jadhav, Advocate for the petitioners Mr.P.S.Patil, AGP for the respondents/State Mr.P.R.Patil, Advocate for respondents/Z.P.Latur in writ petition Nos.10226,10230,10209,10218,10219 and 10220 of

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

DATED : 29.08.2017

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

.              Heard.
.              Rule.   Rule   made   returnable   forthwith.   By   the 

consent of the learned counsel for the parties heard finally at the admission stage.

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2. The petitioners are taking exception to the

order passed by the Scrutiny Committee directing

cancellation of caste certificate issued to them on the

ground of occurrence of spelling mistake in recording the

name of the Tribe in the caste/Tribe certificate issued

by the competent Authority. The petitioners belong Koli

Mahadev Scheduled Tribe. In the Tribe certificate issued

in favour of the petitioners by the competent authority

the spelling of the tribe is recorded as "Koli Mahadeo"

instead of "Koli Mahadev". The spelling mistake occurred

in recording the name of the tribe has persuaded the

scrutiny committee to direct the cancellation of tribe

certificate. The scrutiny committee has granted liberty

to the petitioners to secure proper certificate from the

competent authority and produce the same for

verification.

3. Issue raised in the instant matter is no more

res-integra and is covered by the decision rendered in

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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.

4. The orders impugned in these petitions stands

quashed and set aside. The Scrutiny Committee is directed

to return the original Tribe Certificate produced by the

petitioners before it, within four weeks from today. The

petitioners shall tender an undertaking to the Scrutiny

Committee that they 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 concerned Sub-Divisional

Officer for recording corrections in the Tribe

certificates already issued to them. The concerned sub-

Divisional Officers, without embarking upon further

enquiry into matter, on the basis of Tribe certificate

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issued to each of the individual petitioners by the

competent authority earlier shall issue the corrected

Tribe Certificate within a period of four weeks from the

date of tender an application by the petitioners. On

receipt of the corrected certificates, 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 petitioners for validation of Tribe Certificate and

render decision on the proposals within a period of six

months from the date of receipt of corrected certificates

together with the proposals. It would be open for the

petitioners to tender the corrected certificate and the

proposal if any, directly to the Scrutiny Committee and

the Scrutiny Committee shall entertain the same.

5. Rule is made absolute accordingly in above

terms. There shall be no order as to costs.

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6. In the meanwhile, no coercive action be taken

against the petitioners merely on the ground of

invalidation of the Tribe certificate on technical

ground.

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

VishalK/wp10221.17