Sushila Ramlu Konkatwar vs Scheduled Tribe Certificate ...
2021 Latest Caselaw 3060 Bom

                                                                                          918
                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD
                           918 WRIT PETITION NO.2872 OF 2021

                      SUSHILA RAMLU KONKATWAR
                                  VERSUS
     SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AUARANGABAD
                               AND ANOTHER
                                     ...
              Advocate for Petitioner : Mr Shinde Digambar
               AGP for Respondents State: Mrs P V Diggikar


                                      CORAM   : S. V. GANGAPURWALA &
                                                SHRIKANT D. KULKARNI, JJ.
                                      DATE    : 16th February, 2021.
ORDER:

1. 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.

2. 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, instant petition also deserves to be allowed and the

same is accordingly allowed.

3. The order impugned in the 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 concerned Sub-

Divisional Officer for recording corrections in the 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 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

petitioners 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.

4. Writ petition is accordingly disposed of. There shall be no order as

to costs.

     (SHRIKANT D. KULKARNI, J.)                   (S.V.GANGAPURWALA, J.)


JPC