Bombay High Court
Netaji Fulchand Dabade vs The State Of Maharashtra And ... on 11 January, 2018
Bench: S.V. Gangapurwala
W.P.411/2018
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 411 OF 2018
Netaji s/o Fulchand Dabade,
Age 35 years, Occu. Service,
R/o Karajkheda, Taluka and
District Osmanabad ..Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai
2. The Scheduled Tribe, Caste
Certificate Scrutiny Committee,
Aurangabad Region, Aurangabad
3. Sub Divisional Officer,
Osmanabad, Taluka and
District Osmanabad
4. The Executive Magistrate,
Osmanabad, Taluka and
District Osmanabad
5. The Chief Executive Officer,
Zilla Parishad, Osmanabad
District Osmanabad
6. The Block Development Officer,
Panchayat Samittee, Lohara,
Taluka Lohara, District
Osmanabad ..Respondents
Mr E.S. Murge, Advocate for petitioner
Mr V.N. Patil Jadhav, A.G.P. for respondent - State
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.
W.P.411/2018
3. The petitioner is taking exception to the decision rendered by
the Scrutiny Committee, directing invalidation of the tribe certificate
issued to him, 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.
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
W.P.411/2018
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
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.)
vvr
