Bombay High Court
Sheshrao Lalba Borewad vs The State Of Maharashtra And ... on 15 November, 2017
Bench: S.V. Gangapurwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 13241 OF 2017
Sheshrao s/o. Lalba Borewad .. Petitioner
Age. 53 years, Occ. Service as
Taxation & Administrative Service
Grade C-I, Municipal Council, Manwath,
Manwath, Dist. Parbhani.
Verus
1. The State of Maharashtra .. Respondents
Through The Secretary
Tribal Development Department
Mantralaya, Mumbai - 32.
2. The Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad
Division, Aurangabad,
Through its Member Secretary.
3. The Sub-Divisional Officer,
Hadgaon, Tq. Hadgaon,
Dist. Nanded.
Mr.M.P. Tripathi, Advocate for the petitioner.
Mr.P.S. Patil, AGP for respondent/State.
CORAM : S.V.GANGAPURWALA &
S.M.GAVHANE,JJ.
DATED : 15.11.2017
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ORAL JUDGMENT : [PER : S.V. GANGAPURWALA,J.] :-
1. Heard.
2. Rule. With the consent of the parties, petition is
taken up for final decision at admission stage.
3. The petitioner is taking exception to the decision
rendered by the scrutiny committee, directing invalidation of
the tribe certificate issued to him, certifying him that he
is 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 this petition 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 the instant petition stands
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quashed and set aside. The Scrutiny Committee is directed to
return the original tribe certificate produced by the
petitioner before it, within four weeks from today. The
petitioner shall tender an undertaking to the Scrutiny
Committee that, the concerned petitioner 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 petitioner shall approach the
concerned Sub divisional Officer for recording correction in
the tribe certificate already issued to him. The concerned
Sub Divisional Officer shall issue corrected certificate
within a period of four weeks from the date of approach of
the petitioner, without embarking upon any further enquiry
in the matter. On receipt of corrected certificate, 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
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 the corrected
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certificate together with proposal if any. 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 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 meanwhile, no coercive action be taken
against the petitioner, merely on the ground of invalidation
of the tribe certificate on technical ground.
[S.M.GAVHANE,J.] [S.V.GANGAPURWALA,J.]
snk/2017/NOV17/wp13241.17
