Bombay High Court
Dnyaneshwar Nagorao Baste vs Scheduled Tribe Certificate ... on 3 November, 2017
Bench: S.V. Gangapurwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10288 OF 2017
Govind S/o Gangadhar Pallewad,
Age : 35 Years, Occu. : Service,
R/o Mandala, Tq. Umri,
Dist. Nanded .. Petitioner
Versus
1. Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad through
its Member Secretary.
2. Sub Divisional Officer,
Dharmabad, Tq. Dharmabad,
Dist. Nanded.
3. Maharashtra State Electricity
Distribution Company Ltd.,
through its Executive Engineer,
Nilanga, Tq. Nilanga, Dist. Latur. .. Respondents
WITH
WRIT PETITION NO. 10285 OF 2017
Shivshankar Sambhaji Kolamwad,
Age : 14 Years, Occu. : Education,
Through guardian i. e. Father
Sambhaji Maroti Kolamwad,
Age : 43 Years, Occu. : Service,
R/o Bahaddarpura, Tq. Kandhar,
Dist. Nanded .. Petitioner
Versus
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1. Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad through
its Member Secretary.
2. Sub Divisional Officer,
Kandhar, Tq. Kandhar,
Dist. Nanded.
3. Shree Chhatrapati Shahu Maharaj,
Sainiki Vidyalaya School Udgir,
Tq. Udgir, Dist. Latur,
Through its Head Master. .. Respondents
WITH
WRIT PETITION NO. 10290 OF 2017
Dnyaneshwar Nagorao Baste,
Age : 23 Years, Occu. : Service,
R/o Ghungrala, Tq. Naigaon,
Dist. Nanded .. Petitioner
Versus
1. Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad through
its Member Secretary.
2. Sub Divisional Officer,
Biloli, Dist. Nanded.
3. Shri Sant Bhagwanbaba Higher
Secondary School, Bagpipalgaon,
Tq. Georai, Dist. Beed,
Through its Head Master .. Respondents
WITH
WRIT PETITION NO. 10291 OF 2017
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Maroti Peeraji Koneri,
Age : 45 Years, Occu. : Service,
R/o Lohgaon, Tq. Biloli,
Dist. Nanded .. Petitioner
Versus
1. Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad through
its Member Secretary.
2. Sub Divisional Officer,
Biloli, Dist. Nanded.
3. Education Officer (Primary),
Zilla Parishad, Osmanabad,
Dist. Osmanabad. .. Respondents
WITH
WRIT PETITION NO. 10292 OF 2017
Akash S/o Suresh Bonlawar,
Age : 21 Years, Occu. : Education,
R/o Degloor, Tq. Degloor,
Dist. Nanded .. Petitioner
Versus
1. Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad through
its Member Secretary.
2. Sub Divisional Officer,
Degloor, Tq. Degloor,
Dist. Nanded.
3. Sinhgad College of Engineering
Pune - 411 041
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Through its Registrar .. Respondents
WITH
WRIT PETITION NO. 10293 OF 2017
Saikiran S/o Ramrao Totawar,
Age : 19 Years, Occu. : Education,
R/o Degloor, Tq. Degloor,
Dist. Nanded .. Petitioner
Versus
1. Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad through
its Member Secretary.
2. Sub Divisional Officer,
Degloor, Tq. Degloor,
Dist. Nanded.
3. Walchand College of Engineering
Sangli,
Through its Director. .. Respondents
WITH
WRIT PETITION NO. 10294 OF 2017
Akash S/o Ramesh Shivram,
Age : 21 Years, Occu. : Education,
R/o Markendy Mandir, Nanded,
Tq. & Dist. Nanded. .. Petitioner
Versus
1. Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad through
its Member Secretary.
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2. Sub Divisional Officer,
Nanded, Tq. & Dist. Nanded.
3. Gramin Polytechnic College,
Vishnupuri, Nanded 431 606
Through its Principal. .. Respondents
WITH
WRIT PETITION NO. 10297 OF 2017
Vilas S/o Kashinath Landge,
Age : 47 Years, Occu. : Service,
R/o Shirad Shahapur, Tq. Aundha,
Dist. Hingoli. .. Petitioner
Versus
1. Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad through
its Member Secretary.
2. Sub Divisional Officer,
Basmath, Tq. Basmath,
Dist. Hingoli.
3. Zilla Parishad Hingoli,
Dist. Hingoli,
Through its Chief Executive Officer. .. Respondents
Shri Sagar S. Phatale, Advocate for Petitioners in all matters.
Shri S. B. Yawalkar, Addl.G.P. for Respondent Nos. 1 and 2 in all
matters.
The Respondent No. 3 served in all matters.
CORAM : S. V. GANGAPURWALA AND
SMT. VIBHA KANKANWADI, JJ.
DATE : 03RD NOVEMBER, 2017.
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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 certificates issued to, certifying that they belong 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 petitions also
deserve to be allowed and the same are accordingly allowed.
5 The orders impugned in the instant petitions stand
quashed and set aside. The Scrutiny Committee is directed to
return the original tribe certificates produced by the petitioners
before it, within four weeks from today. The petitioners shall
tender an undertaking to the Scrutiny Committee that, the
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concerned petitioners would approach the concerned competent
issuing authority for ratifying the spelling
mistakes/discrepancies in recording the nomenclature of the tribe
and shall produce the corrected certificates within a period of
eight weeks from the date of receipt of the original certificates.
The petitioners shall approach the concerned Sub divisional
Officer for recording corrections in the tribe certificates already
issued to them. The concerned Sub Divisional Officer shall issue
corrected certificates within a period of four weeks from the date
of approach of the individual petitioners, without embarking
upon any further enquiry in the matter. On receipt of corrected
certificates, same shall be produced before the Scrutiny
Committee, within a period of four weeks from the date of its
receipt. The Scrutiny Committee shall, thereafter proceed to
decide the claims of the petitioners for validation of the tribe
certificates and render decision on the proposals, within a period
of one year from the date of receipt of the corrected certificates
together with proposals if any. It would be open for the
petitioners to tender the corrected certificates and the proposal
directly to the Scrutiny Committee and the Scrutiny Committee
shall entertain the same and shall proceed to decide the matters
on its own merit and shall not reject it on any technical grounds.
Rule is made absolute in the above terms.
There shall be no order as to costs.
In the meanwhile, no coercive action be taken against the
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petitioners, merely on the ground of invalidation of the tribe
certificates on technical grounds.
Sd/- Sd/-
[SMT. VIBHA KANKANWADI,J.] [S. V. GANGAPURWALA, J.]
bsb/Nov. 17
