Bombay High Court
Narayan Shekanna Annamwar vs The State Of Maharashtra And ... on 13 September, 2017
Bench: S.V. Gangapurwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11189 OF 2017
Narayan S/o Shekanna Annamwar,
Age : 46 Years, Occu. : Service,
R/o A/p Mandva, Tq. Kinwat,
Dist. Nanded. .. Petitioner
Versus
1. The State of Maharashtra,
Department of Tribal Development,
Mantralaya, Mumbai - 32.
Through its Secretary.
2. The Scheduled Tribe Caste Certificate
Scrutiny Committee, Aurangabad
Division, Aurangabad,
Through its Member Secretary.
3. The Sub Divisional Officer, Kinwat,
Dist. Nanded.
4. The Deputy Director,
Vocational Education & Training,
Regional Office, Post Box No. 77,
Near Bhadkal Gate, Aurangabad. .. Respondents
Shri Vivek U. Jadhav, Advocate for the Petitioner.
Shri S. B. Pulkundwar, A.G.P. for Respondent Nos. 1 to 4.
CORAM : S. V. GANGAPURWALA AND
MANGESH S. PATIL, JJ.
DATE : 13TH SEPTEMBER, 2017.
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ORAL JUDGMENT (Per S. V. Gangapurwala, J.) :-
. 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, Kinwat on 27.03.1991.
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.
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
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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, Kinwat for recording
corrections in the Certificate already issued to him. The Sub
Divisional Officer, Kinwat 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 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.
Sd/- Sd/-
[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.]
bsb/Sept. 17
