Bombay High Court
Ankush Laxman Uppod 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. 5961 OF 2017
Ankush S/o Laxman Uppod,
Age : 23 Years, Occu. : Student,
R/o At Post Jarikot, Tq. Dharmabad,
Dist. Nanded. .. Petitioner
Versus
1. The State of Maharashtra,
Its Secretary, Tribal Development,
Department, Mantralaya, Mumbai - 32.
2. The Committee for Scrutiny and Verification
of Tribe Claims,
Through its Dy. Director (Research),
Aurangabad.
3. The Sub Divisional Officer, Dharmabad,
Taluka Dharmabad, Dist. Nanded.
4. The Savitribai Phule Pune University
Pune, District Pune,
Through its Registrar.
5. MAEER'S M.I.T. College of
Engineering, Kothrud, Pune,
District Pune 411 038,
Through its Principal. .. Respondents
Shri Arun H. Koralkar, Advocate for the Petitioner.
Shri M. B. Bharaswadkar, A.G.P. for Respondent Nos. 1 to 3.
The Respondent Nos. 4 and 5 served.
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CORAM : S. V. GANGAPURWALA AND
MANGESH S. PATIL, JJ.
DATE : 13TH SEPTEMBER, 2017.
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, Degloor on 18.10.2003.
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
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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, Degloor for recording
corrections in the Certificate already issued to him. The Sub
Divisional Officer, Degloor 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.
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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
