Venkat Suresh Pogulwad vs Scheduled Tribe Certificate ...
2017 Latest Caselaw 8734 Bom

                                     (1)                            wp13320.17

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      WRIT PETITION NO. 13320 OF 2017
                      WRIT PETITION NO. 13321 OF 2017
                      WRIT PETITION NO. 13322 OF 2017

                                 * * * * *
                      WRIT PETITION NO. 13320 OF 2017

Arti s/o. Ramlu Gaddapod                              ..       Petitioner
Age. 19 years, Occ. Education,
R/o. At Post Bolegaon, Tq. Biloli,
Dist. Nanded.

                                    Versus

1.    Scheduled Tribe Certificate                     ..       Respondents
      Scrutiny Committee, Aurangabad
      Through its Member Secretary.

2.    Sub Divisional Officer,
      Biloli, Tq. Biloli,
      Dist. Nanded.

                                    WITH
                      WRIT PETITION NO. 13321 OF 2017

Pavan s/o Saylu Thakrod                               ..       Petitioner
Age. 32 years, Occ. Service,
R/o. Indira Nagar, Tq. Biloli,
Dist. Nanded.

                                    Versus

1.    Scheduled Tribe Certificate                     ..       Respondents
      Scrutiny Committee, Aurangabad
      Through its Member Secretary.




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2.    Sub Divisional Officer,
      Biloli, Tq. Biloli,
      Dist. Nanded.
                             WITH
               WRIT PETITION NO. 13322 OF 2017

Venkat s/o. Suresh Pogulwad                               ..       Petitioner
Age 19 years, Occ.Education,
R/o. Ambulga, Tq. Mukhed,
Dist. Nanded.
                          Versus 

1.    Scheduled Tribe Certificate                         ..       Respondents
      Scrutiny Committee, Aurangabad
      Through its Member Secretary.

2.    Sub Divisional Officer,
      Degloor, Tq. Degloor,
      Dist. Nanded.

Mr.Sagar S. Phatale, Advocate for the petitioners.
Mr.P.A. Patil, Mr.K.D. Munde & Mr. S.W. Munde, AGPs for 
respondents in the respective petitions.

                                      CORAM :  S.V.GANGAPURWALA &
                                               S.M.GAVHANE,JJ.

DATED : 15.11.2017

ORAL JUDGMENT [PER : S.V. GANGAPURWALA,J.] :-

1. 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

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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 petitions also deserve to be allowed and the same are

accordingly allowed.

5. The order impugned in the instant petitions 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

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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, 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 petitioners 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

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.

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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 petitioners, merely on the ground of invalidation

of the tribe certificate on technical ground.

[S.M.GAVHANE,J.] [S.V.GANGAPURWALA,J.]

snk/2017/NOV17/wp13320.17