Bombay High Court
Rajeshkumar Narayan Kottapalli vs Scheduled Tribe Certificate ... on 20 December, 2017
Bench: S.V. Gangapurwala
1 W.P. 14747.2017 - [J]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 14747 OF 2017
Rajeshkumar Narayan Kottapalli
Age : 35 Yrs., Occ. Service,
R/o : Shankar Ganj, Dharmabad,
Tq. Dharmabad, Dist. Nanded. .... PETITIONER
VERSUS
1. Scheduled Tribe Certificate
Scrutiny Committee,
Aurangabad Thr. its
Secretary.
2. Sub Divisional Officer
Dharmabad, Dist. Nanded.
3. Maharashtra State Electricity
Distribution Company Ltd.,
Thr. its Executive Engineer,
Divisional Office, Pandarkawada,
Dist. Yevatmal. .... RESPONDENTS
......
Mr. S.S.Phatale, Advocate for Petitioner.
Mr. M.M.Nerlikar, A.G.P. for Resp. - State.
......
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2 W.P. 14747.2017 - [J]
CORAM : S.V.GANGAPURWALA &
V.L.ACHLIYA, JJ.
DATE OF JUDGMENT : 20th DECEMBER, 2017
......
ORAL JUDGMENT : [PER - S.V.GANGAPURWALA, J.]
. Heard.
2. Rule. With the consent of the parties, petitions
are taken up for final decision at admission stage.
3. The petitioners are taking exception to the
decision rendered by the Scrutiny Committee, directing
invalidation of the tribe certificate issued to them,
certifying him that they are belonging to Mannervarlu or
Koli Mahadev, scheduled tribe, on technical ground of
occurrence of spelling mistake, or discrepancies in writing
the nomenclature of the tribe in the certificate issued by
the concerned Sub Divisional Officer.
4. The issue raised in these petitions 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
3 W.P. 14747.2017 - [J]
the same is accordingly allowed.
5. The order impugned in the instant petition
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 the concerned petitioners would approach
the concerned competent scrutiny committee for ratifying
the spelling mistake/discrepancy in recording the
nomenclature of the tribe and shall produce the corrected
certificate within a period of eight weeks from the date of
receipt of the original certificate. The petitioners shall
approach the concerned Sub Divisional Officer for
recording correction in the tribe certificate already issued
to them. The concerned Sub Divisional Officer shall issue
corrected certificate within a period of four weeks from the
date of approach of the petitioners, without embarking
upon any further enquiry in the matter. On receipt of
corrected certificate, within a period of four weeks from
the date of its receipt. The Scrutiny Committee shall,
thereafter proceed to decide the claim of the petitioners
for validation of the tribe certificate and render decision on
the proposal, within a period of one year from the date of
4 W.P. 14747.2017 - [J]
receipt of the corrected certificate together with proposal if
any. It would be open for the petitioners to tender the
corrected certificate and the proposal directly to the
Scrutiny Committee and the Scrutiny Committee shall
entertain the same and shall proceed to decide the matter
on its own merit and shall not reject it on any technical
grounds.
6. Rule is made absolute in the above terms.
7. There shall be no order as to costs.
8. In the mean while, no coercive action be taken
against the petitioner, merely on the ground of
invalidation of the tribe certificate on technical ground.
[V.L.ACHLIYA, J.] [S.V.GANGAPURWALA,J.]
KNP/W.P. 14747.2017 - [J]
