Bombay High Court
Manisha Dnyanoba Yedale vs The State Of Maharashtra And ... on 12 October, 2017
Bench: S.V. Gangapurwala
(1) wp12470.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12470 OF 2017
Manisha d/o. Dnyanoba Yedale .. Petitioner
Age. 41 years, Occ. Service,
R/o. Vikram Apartment, Akshaynagar,
Juna Ausa Road, Latur.
Versus
1. The State of Maharashtra .. Respondents
Department of Tribal Development,
Mantralaya, Mumbai - 32
Through its Secretary.
2. Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad
Through its Member Secretary
3. The Executive Magistrate, Ausa,
Tq. Ausa, Dist. Latur.
4. Shri Sadanand Prathamik Vidya Mandir
And Shishu Vihar, Dattanagar,
Ausa Road, Latur 412531
Through its Headmaster.
WITH
WRIT PETITION NO. 12471 OF 2017
Aruna d/o. Pandharinath Udgirkar .. Petitioner
Age. Major, Occ. Service,
R/o. At Post Udgir, Tq. Udgir,
Dist. Latur.
Versus
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(2) wp12470.17
1. The State of Maharashtra .. Respondents
Department of Tribal Development,
Mantralaya, Mumbai - 32
Through its Secretary.
2. Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad
Through its Member Secretary
3. The Executive Magistrate, Ausa,
Tq. Ausa, Dist. Latur.
4. Shamlal Samrak Shikshan Sanstha,
Udgir, through its Secretary
WITH
WRIT PETITION NO. 12472 OF 2017
Nagnath s/o. Sopan Jamdar .. Petitioner
Age. 51 years, Occ. Service,
R/o At Post Mogha, Tq. Udgir,
Dist. Latur.
Versus
1. The State of Maharashtra .. Respondents
Department of Tribal Development,
Mantralaya, Mumbai - 32.
Through its Secretary.
2. Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad,
Through its Member Secretary.
3. The Taluka Executive Magistrate,
Udtir, Tq. Udgir, Dist. Latur.
4. The District Civil Surgeon, Latur
Near Gandhi Chowk, Police Station,
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(3) wp12470.17
Old Z.P. School, Latur - 412512.
Dist. Latur.
WITH
WRIT PETITION NO. 12473 OF 2017
Sunita d/o. Narayanrao Wadale .. Petitioner
Age. 40 years, Occ. Service,
R/o. Vaibhav Nagar, Khadgaon Road,
Latur.
Versus
1. The State of Maharashtra .. Respondents
Department of Tribal Development,
Mantralaya, Mumbai - 32
Through its Secretary.
2. Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad
Through its Member Secretary
3. The Executive Magistrate, Ausa,
Tq. Ausa, Dist. Latur.
4. Annabhau Sathe Dnyanapasak Primary
School, Banshelaki Road, Udgir,
Tq. Udgir, Dist. Latur.
Through its Headmaster.
Mr.Vivek U. Jadhav, Advocate for the petitioner.
Mr.S.B. Pulkundwar, AGP for resp./State in WP12470/17.
Mr.K.D. Munde, AGP for resp./State in WP12472/17.
Mr.P.S. Patil, AGP for resp./State in WP12471/17.
Mr.S.B. Pulkundwar, AGP for resp./State in WP12473/17.
CORAM : S.V.GANGAPURWALA &
S.M.GAVHANE,JJ.
DATED : 12.10.2017
(4) wp12470.17
ORAL JUDGMENT [PER : S.V.GANGAPURWALA,J.] :-
1. Heard.
2. Rule. Rule made returnable forthwith. By the
consent of the learned counsel for the parties heard
finally at the admission stage.
3. The petitioners are taking exception to the
order passed by the Scrutiny Committee directing
cancellation of caste certificate issued to them on the
ground of occurrence of spelling mistake in recording the
name of the Tribe in the caste/Tribe certificate issued
by the competent Authority. The petitioners belong Koli
Mahadev Scheduled Tribe. In the Tribe certificate issued
in favour of the petitioners by the competent authority
the spelling of the tribe is recorded as "Koli Mahadeo"
instead of "Koli Mahadev". The spelling mistake occurred
in recording the name of the tribe has persuaded the
scrutiny committee to direct the cancellation of tribe
certificate. The scrutiny committee has granted liberty
(5) wp12470.17
to the petitioners to secure proper certificate from the
competent authority and produce the same for
verification.
4. Issue raised in the instant matter 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 these 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 they would approach the concerned
competent authority for ratifying the spelling mistake
occurred in recording name of the Tribe and shall produce
corrected certificate within a period of eight weeks from
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the date of receipt of the original certificate. The
petitioner shall approach the concerned Sub-Divisional
Officer for recording corrections in the Tribe
certificates already issued to them. The concerned sub-
Divisional Officers, without embarking upon further
enquiry into matter, on the basis of Tribe certificate
issued to each of the individual petitioners by the
competent authority earlier shall issue the corrected
Tribe Certificate within a period of four weeks from the
date of tender an application by the petitioners. On
receipt of the corrected certificates, same shall be
produced before the Scrutiny Committee within a period of
four weeks from the date of receipt. The Scrutiny
Committee shall thereafter proceed to decide the claim of
the petitioners for validation of Tribe Certificate and
render decision on the proposals within a period of six
months from the date of receipt of corrected certificates
together with the proposals. It would be open for the
petitioners to tender the corrected certificate and the
proposal if any, directly to the Scrutiny Committee and
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the Scrutiny Committee shall entertain the same.
6. Rule is made absolute accordingly in above
terms. There shall be no order as to costs.
7. 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/OCT17/wp12470.17
