Bombay High Court
Hanmanth Rama Utterwad vs Scheduled Tribe Certificate ... on 24 November, 2017
Bench: S.V. Gangapurwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10467 OF 2017
Yadav Ganpati katlewd,
Age: 57 Years, Occu.: Service,
R/o.: Kawalguda, 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. Zilla Parishad, Nanded,
Dist.: Nanded,
Through its Chief Executive Officer .. Respondents
WITH
WRIT PETITION NO. 10469 OF 2017
Vithal Linguram Chandolkar,
Age: 46 Years, Occu.: Service,
R/o.: Ghugralal, Tq.: Naigaon,
Dist.: Nanded .. Petitioner
Versus
1. Scheduled Tribe Certificate Scrutiny Committee,
Aurangabad, Through its Member Secretary
2. Sub Divisional Officer,
Biloli, Tq.: Biloli,
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Dist.: Nanded
3. Maharashtra State Electricity Distribution
Company Ltd., Through its Executive Engineer,
Dist.: Nanded .. Respondents
WITH
WRIT PETITION NO. 10480 OF 2017
Hanmanth Rama Utterwad,
Age: 48 Years, Occu.: Service,
R/o.: Koleborgaon, Tq.: Biloli,
Dist.: Nanded .. Petitioner
Versus
1. Scheduled Tribe Certificate Scrutiny Committee,
Aurangabad, Through its Member Secretary
2. Sub Divisional Officer,
Biloli, Tq.: Biloli,
Dist.: Nanded
3. Jay Kisan Secondary School,
Kole Borgaon, Tq.: Biloli, Dist.: Nanded,
Through its Headmaster .. Respondents
WITH
WRIT PETITION NO. 10481 OF 2017
Sangam Kondiba Kunjetwad,
Age: 41 Years, Occu.: Service,
R/o.: Ghavan, Tq.: Jalkot,
Dist.: Latur .. Petitioner
Versus
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1. Scheduled Tribe Certificate Scrutiny Committee,
Aurangabad, Through its Member Secretary
2. Sub Divisional Officer,
Udgir, Tq.: Udgir,
Dist.: Latur
3. Sevalal Ashram School,
Mewpur Tanda,
Tq.: Jalkot, Dist.: Latur,
Through its Headmaster .. Respondents
Shri Sagar S. Phatale, Advocate for the Petitioner.
Mrs. R. P. Gour, A.G.P. for Respondent Nos. 1 and 2.
CORAM : S. V. GANGAPURWALA &
S. M. GAVHANE, JJ.
DATE : 24 November, 2017
th
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 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
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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 N. 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 an 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 fur 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
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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.
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. ]
marathe/Nov.17
