Bombay High Court
Nakul Venkatrao Totawar vs The State Of Maharashtra And ... on 31 August, 2017
Bench: R.M. Borde
(1) wp10707.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10707 OF 2017
Nakul Venkatrao Totawar .. Petitioner
Age.31 years, Occ. Nil,
R/o. Bhat Galli, Degloor,
Tq. Degloor, Dist. Nanded.
Versus
1. The State of Maharashtra .. Respondents
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai - 32.
2. The Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad.
Through its Deputy Director ®.
3. The Sub-Divisional Officer,
Degloor, Tq. Degloor,
Dist. Nanded.
4. The Deputy Director,
Health Services, Latur Division,
Latur, Tq. & Dist. Latur.
5. The District Malaria Officer,
Nanded, Tq. & Dist. Nanded.
Mr.Pratap V. Jadhavar, Advocate for the petitioner.
Mr.P.S. Patil, A.G.P. for respondent/State.
CORAM : R.M. BORDE &
S.M.GAVHANE,JJ.
DATED : 31.08.2017
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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 "Mannervarlu" - 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 Sub-Divisional Officer,
Degloor on 29.04.2009.
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 aside. The Scrutiny Committee is
directed to return the original Tribe Certificate
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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 Sub-
Divisional Officer, Degloor for recording corrections in
the Certificate already issued to him. The Sub-
Divisional Officer, Degloor 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 appointing
authority within a period of four weeks from the date of
receipt and appointing authority shall forward it to
Scrutiny Committee for validation. 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, appointing authority shall
keep seat available for petitioner and shall issue letter
of appointment on production of caste certificate and
subject to undertaking to produce validation certificate.
[S.M.GAVHANE,J.] [R.M.BORDE,J.]
snk/2017/AUG17/wp10707.17
