Bombay High Court
Saheb Nagnath Nagulwad vs The State Of Maharashtra And ... on 1 September, 2017
Bench: R.M. Borde
{1}
wp10625.17.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10625 OF 2017
Saheb s/o Nagnath Nagulwad
age 29 years, occ. service
r/o Ganipur, Post Somthana,
Tq. Umri
Dist. Nanded Petitioner
Versus
1. The State of Maharashtra
Through its Secretary
Tribal Development,
Mantralaya,
Mumbai 32.
2. The Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad Division
Aurangabad
Through its Member Secretary
3. The Chief Executive Officer
Zilla Parishad, Satara
Dist. Satara
4. The Medical Officer
Primary Health Center,
Bamnoli
Tq. Jawli, Dist Satara
5. The Sub-Divisional Officer
Bhokar Tq. & Dist. Nanded Respondents
Mr. A.S. Yenegure, advocate for petitioner.
Mr. S.G. Karlekar, A.G.P. for respondents 1, 2 and 5.
Mr. S.B. Pulkundwar, advocate for respondents 3 and 4.
CORAM : R.M.BORDE &
S.M. GAVHANE, JJ.
DATE : 1st SEPTEMBER, 2017
{2}
wp10625.17.odt
ORAL JUDGMENT : ( PER R. M. BORDE, J. )
1. Heard.
2. Rule. With the consent of the parties, petition is
taken up for final disposal at the stage of admission.
3. This petition is taking exception to the decision
rendered by the Scrutiny Committee directing invalidation of
Tribe Certificate issued to the petitioner as belonging to
"Mannervarlu" - Scheduled Tribe on technical ground of
occurrence of spelling mistake in recording name of the Tribe
in the Certificate issued to the petitioner by the Sub-
Divisional Officer, Bhokar on 25.05.2017.
4. The 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 petition also deserves to be allowed and the same is
accordingly allowed.
{3}
wp10625.17.odt
5. The order impugned in this petition stands
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 he
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 the date of receipt of the original
certificate. The petitioner shall approach the Sub-Divisional
Officer, Bhokar for recording corrections in the Certificate
already issued to him. The Sub-Divisional Officer, Bhokar
shall issue corrected certificate within a period of four weeks
from the date of approach of the petitioner, without
embarking upon 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 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
{4}
wp10625.17.odt
within a period of one year from the date of receipt of
corrected Certificate together with the proposal. 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.
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 petitioner merely on the ground of invalidation of
Tribe Certificate on technical ground.
( S.M. GAVHANE ) ( R.M.BORDE )
JUDGE JUDGE
dyb
