Suresh Shriram Nagalwad vs Scheduled Tribe Certificate ...
2018 Latest Caselaw 344 Bom

                                                                     W.P.413/2018
                                        1

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD

                          WRIT PETITION NO. 413 OF 2018

Suresh Shriram Nagalwad,
Age 32 years, Occu. Service,
R/o Mendka, Taluka Mukhed,
District Nanded                                       ..Petitioner

        Versus

1.      Scheduled Tribe Certificate
        Scrutiny Committee, Aurangabad
        through its Member Secretary

2.      Sub Divisional Officer, Bhokar,
        District Nanded

3.      Maharashtra State Electricity
        Distribution Co.Ltd., through
        its Executive Engineer,
        Divisional Office, Tuljapur,
        District Osmanabad                            ..Respondents

Mr S.S. Phatale, Advocate for petitioner Mr G.O. Wattamwar, A.G.P. for respondents no.1 and 2

CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ

DATE : 11th January 2018

ORAL JUDGMENT (Per S.V. Gangapurwala, J.)

Heard.

2. Rule. With the consent of the parties, petition is taken up for

final decision at admission stage.

3. The petitioner is taking exception to the decision rendered by

the Scrutiny Committee, directing invalidation of the tribe certificate

issued to him, not certifying him that he is belonging to Mannervarlu

or Koli Mahadev, scheduled tribe, on technical ground of occurrence of

spelling mistake, or discrepancies in writing the nomenclature of th

tribe in the certificate issued by the concerned Sub Divisional Officer.

W.P.413/2018

4. The issue raised in this petition 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 the instant 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 the petitioner 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 petitioner shall

approach the concerned Sub Divisional Officer for recording correction

in the tribe certificate already issued to him. The concerned Sub

Divisional Officer shall issue corrected certificate within a period of

four weeks from the date of approach of the petitioner, without

embarking upon any further enquiry in the matter. On receipt of

corrected certificate, within a period of four weeks from the date of its

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 the corrected certificate together with proposal if any. It

would be open for the petitioner to tender the corrected certificate

and the proposal directly to the Scrutiny Committee and the Scrutiny

W.P.413/2018

Committee shall entertain the same and shall proceed to decide the

matter on its own merits and shall not reject it on any technical

ground.

6. Rule is made absolute 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 the tribe certificate

on technical ground.

( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.)

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