Khanderao Malhari Yermunwad vs The State Of Maharashtra And ...
2017 Latest Caselaw 6659 Bom

                                     (1)                             wp6671.17

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                        WRIT PETITION NO.6671 OF 2017

      Devanand Pandurang Akoskar,                     ..       Petitioner
      Age : 25 years, Occu : Service,
      R/o : Kolewadi, Tq. & 
      Dist. Osmanabad
                           VERSUS

1.    The State of Maharashtra,                       ..       Respondents

Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer/ Magistrate, Osmanabad, Tq. Dist. Osmanabad.

4. The Deputy Superintendant of Police, Office of Deputy Superintendent of Police, Osmanabad, Tq. & Dist Osmanabad.

WITH WRIT PETITION NO.6659 OF 2017

Maheshkumar Marotirao Tumawar, .. Petitioner Age : 28 years, Occ.Service, R/o : Degloor, Tq. Degloor Dist. Nanded

Versus

(2) wp6671.17

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

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer/ Degloor, Tq. Degloor, Dist. Nanded.

4. The Executive Engineer, Maharashtra State Electricity Distribution Company Limited, Jalna, Tq. & Dist. Jalna.

WITH WRIT PETITION NO. 6660 OF 2017

Nirmala Hanumantrao Marakwad, .. Petitioner Age : 37 years, occ. Service, R/o : Shekapur, Tq. Kandhar, Dist. Nanded VERSUS

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

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer, Kandhar, Tq. Kandhar, Dist. Nanded.

(3) wp6671.17

4. The Chief Executive Officer, Zilla Parishad, Hingoli, Tal. & Dist. Hingoli

WITH WRIT PETITION NO. 6661 OF 2017

Pradip Balasaheb Akoskar, .. Petitioner Age : 29 years, Occu : Service, R/o : Kolewadi, Tq & Dist. Osmanabad

VERSUS

1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer/ Magistrate,Osmanabad,Tq. Dist, Osmanabad.

4. The Superintendant, Late. Shankarlal Mundada Matimand Mulanche Balgruh, Jalna Tq. & Dist. Jalna.

WITH WRIT PETITION NO. 6662 OF 2017

Anna Madhav Koli, .. Petitioner Age 28 years,Occu: Service, R/o : Kawalewadi,Tq.

                                      (4)                             wp6671.17

      & Dist.Osmanabad.

                                    VERSUS

1.    The State of Maharashtra,                       ..       Respondents

Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer/ Magistrate,Osmanabad,Tq. Dist, Osmanabad.

4. The Divisional Controller, Maharashtra State Road Transportation Corporation, Osmanabad, Tq. & Dist.Osmanabad.

WITH WRIT PETITION NO. 6663 OF 2017

Baban Vishnu Rao, .. Petitioner Age : 46 years, Occu : Service, R/o : Khedgaon, Tq. Ambad, Dist. Jalna.

VERSUS

1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32

2. The Scheduled Tribe Certificate

(5) wp6671.17

Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer/ Magistrate,Ambad,Tq.Ambad, Dist. Jalna.

4. The Chief Executive Officer, Zilla Parishad, Jalna, Tq. & Dist. Jalna.

WITH WRIT PETITION NO. 6664 OF 2017

Khanderao Malhari Yermunwad, .. Petitioner Age : 44 years, Occu: Service, R/o : Sunegaon, Tq. Kandhar, Dist. Nanded.

VERSUS

1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32.

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer/ Magistrate, Kandhar, Tq.Kandhar, Dist. Nanded.

4. The Headmaster, Late. Vishwanathrao Nalage Secondary and Higher Secondary Vidyalaya, Vitthalwadi, Tq. Loha,Dist.Nanded.

                                      (6)                             wp6671.17


                                    WITH

WRIT PETITION NO. 6665 OF 2017

Suksham Ambadas Chantampalle, .. Petitioner Age : 33 years, Occu :Service, R/o : Madansuri, Tq. Nilanga, Dist. Latur

VERSUS

1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer/ Magistrate,Nilanga,Tq. Nilanga, Dist.Latur.

4. The Chief Executive Officer, Zilla Parishad, Osmanabad, Tq. & Dist.Osmanabad.

5. The District Health Officer, Zilla Parishad, Osmanabad Tq. & Dist. Osmanabad.

6. The Medical officer, Primary Health Centre, Nay Chakur, Tq. Omerga, Dist. Osmanabad.

WITH WRIT PETITION NO. 6666 OF 2017

(7) wp6671.17

Gajanan Sudarshan Dumalwad, .. Petitioner Age : 23 years, Occu : Service, R/o : Kandil, Tq.Bhokar, Dist. Nanded

VERSUS

1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer Bhokar,Tq.Bhokar,Dist.Nanded.

4. The Commissioner of Police, Thane, Tq. & Dist.Thane.

WITH WRIT PETITION NO. 6667 OF 2017

Madan Sahebrao Sonwane, .. Petitioner Age : 49 years, Occu:

Service,R/o : Ramasgaon, Tq.Ambad,Dist. Jalna,

VERSUS

1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32

2. The Scheduled Tribe Certificate

(8) wp6671.17

Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer/ Magistrate, Ambad, Tq.Ambad Dist.Jalna.

4. The Superintendent of Police, Jalna, Tq. & Dist. Jalna.

WITH WRIT PETITION NO. 6668 OF 2017

Keshav Dattataram Upawad, .. Petitioner Age : 55 years, Occu : Service, R/o : Mangalsangvi, Tq.Kandhar, Dist. Nanded VERSUS

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

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer Kandhar,Tq. Kandhar, Dist.Nanded

4. The Superintendent of Police, Nanded, Tq. & Dist. Nanded.

WITH WRIT PETITION NO. 6669 OF 2017

Shriram Vyankoba Mardode, .. Petitioner

(9) wp6671.17

Age : 62 years, Occu: Service, R/o : Joshisangvi, Tq. Kandhar, Dist. Nanded VERSUS

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

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer Kandhar, Tq.Kandhar, Dist. Nanded.

WITH WRIT PETITION NO. 6670 OF 2017

Sheshrao Deorao Pupalwad, .. Petitioner Age : 57 years, Occu: Service, R/o : Bachoti, Tq. Kandhar, Dist. Nanded.

VERSUS

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

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer Kandhar, Tq.Kandhar, Dist. Nanded.

                                     ( 10 )                           wp6671.17


                                    WITH

WRIT PETITION NO. 6675 OF 2017

Pratiksha Devidas Mardode, .. Petitioner Age : Minor, Occu: Student, Under guardian of father Devidas Bhujangrao Mardode, Age :- 45 years, Occ.Service, R/o : Jogeshwari Tq. Loha, Dist. Nanded.

VERSUS

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

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer Kandhar, Tq.Kandhar, Dist. Nanded.

WITH WRIT PETITION NO. 6676 OF 2017

Supriya Shivaji Ramshetwad, .. Petitioner Age : Minor, Occu: Student, Under guardian of mother Sushila Shivaji Ramshetwad, Age :- 38 years, Occ.Service, R/o : Bendri, Tq.Bhokar, Dist. Nanded.

       
                           VERSUS





                                     ( 11 )                           wp6671.17


1.    The State of Maharashtra,                       ..       Respondents

Through it's Secretary, Tribal Development Department, Mantralaya, Mumbai- 32

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer, Bhokar, Tq.Bhokar, Dist.Nanded

WITH WRIT PETITION NO. 6677 OF 2017

Pooja Satish Karod, .. Petitioner Age : 22 years, Occu: Student, R/o : Hudco, Nanded, Tq. & Dist. Nanded.

VERSUS

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

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer Nanded, Tq.Nanded, Dist. Nanded.

4. The Registrar, Shri Gurugovind Singhji Institute of Engineering and Technology

( 12 ) wp6671.17

Government College, Nanded Tq. & Dist. Nanded

WITH WRIT PETITION NO. 6678 OF 2017

Gitanjali Balaji Kastewad, .. Petitioner Age : 23 years, Occ.Student, R/o : Honwadaj Wadi, Mukhed, Tq. Mukhed, Dist. Nanded.

VERSUS

1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Devlopment Department, Mantralaya, Mumbai- 32

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer Degloor, Tq.Degloor, Dist. Nanded.

4. The Registrar, Shri Gurugovind Singhji Institute of Engineering and Technology Government College, Nanded, Tq. & Dist.Nanded.

WITH WRIT PETITION NO. 6679 OF 2017

Ramesh Hanmantrao Kondalwade, .. Petitioner Age : 21 years, Occu: Student, R/o : Mangnali, Dharmabad, Tq.Dharmabad,Dist. Nanded.

                                      ( 13 )                           wp6671.17

       
                                    VERSUS

1.    The State of Maharashtra,                        ..       Respondents

Through it's Secretary, Tribal Devlopment Department, Mantralaya, Mumbai- 32

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer Dharmabad, Tq.Dharmabad, Dist. Nanded.

4. The Dean, Dr. Shankarrao Chavan Govt. Medical College, Dist. Nanded

5. The Registrar, Nashik University of Health Sciences, Dist. Nashik.

WITH WRIT PETITION NO. 6680 OF 2017

Sunil Kalyan Suryawanshi, .. Petitioner Age : 30 years, Occu: Service, R/o : Aleshwar, Tq. Paranda, Dist. Osmanabad.

VERSUS

1. The State of Maharashtra, .. Respondents Through it's Secretary, Tribal Department, Mantralaya, Mumbai- 32

( 14 ) wp6671.17

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Deputy Director.(R)

3. The Sub-Divisional Officer /Magistrate, Bhoom, Tq.Bhoom, Dist.Osmanabad.

Mr.Pratap P. Jadhavar, Advocate for the petitioners. Mr.P.V. Patil, A.G.P. for respondents/State.

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

DATED : 31.08.2017

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

1. Heard.

2. Rule. With the consent of the parties, the

petitions are taken up for final disposal at the stage of

admission.

3. The petitioners claim to belonging to Scheduled

Tribe category and are taking exception to the orders

passed by the Scrutiny Committee in different matters

directing invalidation of Tribe Certificates issued to

them on technical ground of error in spelling mistake or

( 15 ) wp6671.17

error in recording nomenclature of the tribe. The

petitioners claim to belonging either to "Mannervarlu" or

"Koli Mahadev". In case of some of the petitioners,

there occurred spelling mistake in recording name of

tribe as "Mannervarlu"; whereas in certain matters,

instead of recording name of the tribe as "Koli Mahadev",

same is recorded as "Mahadev Koli". On aforesaid ground

of erroneous recording of name of the Tribe in the

Certificate, the Scrutiny Committee has directed

invalidation of the Tribe Certificates issued in favour

of the petitioners.

4. The issue raised in the instant matters is no

more res-integra and is covered by the decision rendered

by this Court 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.

( 16 ) wp6671.17

5. The impugned orders in the instant petitions

stand quashed and set aside. The Scrutiny Committee is

directed to return the original Tribe Certificate

produced by individual petitioner within a period of four

weeks from today. The petitioners shall tender an

undertaking to the Scrutiny Committee that they would

approach the concerned Authority for ratifying spelling

mistake or recording corrections in the Tribe

Certificates issued to them and shall produce corrected

certificate within a period of eight weeks from the date

of receipt of original certificate. The petitioners

shall approach the concerned Sub-Divisional

Officer/competent authority for recording corrections in

the Tribe Certificate already issued to them. The

concerned Sub-Divisional Officer/competent authority on

production of original tribe certificate by each of the

individual petitioner, shall record necessary correction

in the Tribe Certificate and shall issue corrected tribe

certificate within a period of four weeks from the date

of receipt of the application. The petitioner shall

( 17 ) wp6671.17

produce corrected Tribe Certificate to the Scrutiny

Committee directly and the concerned Committee shall

proceed to render decision on the proposal in respect of

validation of the Tribe Certificate within a period of

one year from the date of receipt of corrected

certificate together with proposal, if any.

6. In the meanwhile, no coercive action be taken

against the petitioners, merely on the ground of

invalidation of Tribe Certificates on technical ground.

7. Rule is made absolute accordingly in above

terms. There shall be no order as to costs.

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

snk/2017/AUG17/wp6671.17